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Central Victorian Apiarists Association Inc Registered Number A0016607F
President: Ken Gell Secretary: Judy Leggett Treasurer: Bronwyn Shalders
20th August 2017
Victorian Environmental Assessment Council PO Box 500 East Melbourne VIC 3002
RE: SUBMISSION TO CENTRAL WEST INVESTIGATION
This submission is made on behalf of the Executive and members of the Central Victorian Apiarists Association (CVAA) Inc. The CVAA has approximately 100 members, ranging from hobby beekeepers with only 1 hive through to commercial operators with 1000’s of hives. We are also an affiliate of the Victorian Apiarists Association (VAA) Inc., Victoria’s peak beekeeping body. With the Central West Investigation area being within the CVAA operating area we are also making this submission on behalf of the VAA.
The public land estate is very important to apiarists, particularly semi commercial and commercial operations and we welcome the opportunity to make a submission to this Victorian Environmental Assessment Council investigation into public land in the Central West Investigation Area.
Apiarists hold public land bee site licences in the public land areas being investigated. This allows apiarists to place their hives in these designated areas to access the floral resources. The public land estate is by far the most important resource for apiarists, in relation to nectar collected from the resource for bees to produce honey, but equally important for pollen resources to maintain healthy bee colonies.
The importance of bees in food security is becoming more understood. Approximately 65% of food produced relies on pollination by honeybees. To maintain bee colonies at an acceptable strength to provide pollination services, apiarists need access to quality floral resources to provide adequate nectar and pollen. The public land native forest systems are the most important resource for apiarists to ensure they can reliably provide pollination services to the horticultural and agricultural industries. As part of the investigation and any recommendations made we would like assurance that continued secure access by apiarists will be allowed to the public land native forest systems. It is important that bee site numbers in the investigation area will at the least be maintained at current levels, with a view to increasing available bee site licences, where possible across public land, to enable security and possibly expansion of the apiary industry.
We commend recent Victorian Governments for their commitment to the Victorian Apiarists’ Industry, recognising the importance of the industry to Victoria. We thank them for their support in developing the Apiculture (beekeeping) on public land policy (Attachment 1) and the Apiculture (beekeeping) on public land standard operating procedure (Attachment 2) in cooperation with the beekeeping industry. We recommend to VEAC that these policies and procedures are considered in putting forward any recommendation to Government for the Central West Investigation area.
Central West InvSub no. 612
As discussed in the above documents, bee site licences have just undergone a review, which has led to the creation of Category 1 and Category 2 licences. Category 2 licences were historically called permanent bee sites and had a diameter of 3.2km of bee forage area. In the past, if management status of public land was altered, for example to form a new National Park, bee site forage areas were reduced to a temporary (Category 1) licence area, of only 1.6 km diameter.
CVAA would not support any change to current licences that already exist in these public land areas, even if it was recommended that the management status of the areas was altered. It is imperative that apiarists have secure access to the public land forest estate to have confidence in their future business. Any changes proposed to current bee site licence conditions will undermine confidence in the apiary industry.
The CVAA would like to suggest that the forests within the public land areas need to be managed to ensure future viability. Although we do not support clear fell harvesting of forests at all, we are not opposed to some selective harvesting of forests, if the integrity of the forest is maintained. We recognise that sometimes thinning of trees results in a more productive forest over all, with differing age classes of trees. However, if any timber harvesting takes place we need protection of bee sites to be a priority, so that the bee site licence can still be productive to the apiarist for nectar and pollen collection. It is important for apiculture that a healthy forest with different age classes is maintained across all public land forest systems. It is also important that the species mix of forests is maintained, as beekeepers use many different floral resources in the same forest system to ensure sustained bee health.
The VAA Inc. has been engaged in productive consultation with VICForests and DELWP about achieving equitable coexistence for timber harvesting and apiculture in forests systems statewide. Timber harvesting is currently transitioning from clear fell harvesting to more ecologically sustainable operations on licensed bee site forage ranges. CVAA supports this work and would support recommendations that ensure effective coexistence between industries that operate in the forest system.
We would like to draw attention to the degraded forests system throughout Central Victoria which extends to much of the protected estate. The CVAA has been encouraged by a collaborative project between Landcare agencies and Parks Victoria, conducted in the Shelbourne Conservation Reserve near Bendigo. In a major pilot restoration project currently being undertaken, already substantial improvement in biodiversity and forest health outcomes can be observed. We would support a commitment to undertake more of these restoration projects to ensure a healthy forest system remains for future generations.
In recommendations we would like to see a commitment that roads and tracks throughout the public land be maintained and improved for access into the forests. This is important not only for apiarists to gain safe access to bee site licence areas but for anyone visiting the forests, particularly in an emergency situation.
Some aspects of the planned burning program that is currently being undertaken by Government is concerning to apiarists. Although we recognise that some forests respond to burning and some fire protection works need to be undertaken, we are concerned that some planned burns are changing the native forests systems. CVAA would like to see further long term scientific research into planned burning being undertaken, to ensure that our forests are not further damaged. We fully support the move away from a hectare based target of planned burning to a more strategic approach. However, the high frequency that some forests areas is being burnt, is concerning. If planned burning is undertaken we encourage only low intensity burning to minimise damage to the forest system.
In this submission, CVAA has highlighted the significant public benefit that is derived from the apicultural industries use of licensed bee sites, throughout the public land native forests system. With this in mind, CVAA suggests that a strong case exists to establish statewide, the designated licensed public land bee site forage ranges as food security zones, or other protective zoning description to ensure continued viability for Victoria’s apiary industry, and in turn continued viability of many horticultural and agricultural industries.
The CVAA would welcome further opportunity to participate in consultation, through the Community Reference Group, or other means, to further participate in the Central West Investigation. With the public land native forests systems integral to our apiary businesses it is imperative that we can be involved in discussions about their future uses and management.
Thank you for considering our submission.
Yours sincerely,
Judy Leggett
Secretary Central Victorian Apiarists Association
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Apiculture (beekeeping) on public land policy ORIGINATOR: WORKING GROUP – DEPI PUTTING THE BUZZ BACK IN AGRICULTURE PROJECT DISTRIBUTION: DEPARTMENT OF ENVIRONMENT AND PRIMARY INDUSTRIES; PARKS VICTORIA VICTORIAN APIARISTS ASSOCIATION INC.; VICTORIAN FARMERS FEDERATION
CONTENTS Page No. 1. APPLICATION 1 2. DEFINITIONS 1 3. BASIS 2 4. OBJECTIVES 2 5. BACKGROUND 3 6. PUBLIC LAND POLICY CONTEXT 3 7. BEEKEEPING POLICY 4
7.1 ACCESS TO FLORAL RESOURCES 4 7.1.1 Public land planning 4 7.1.2 Emergency response 5 7.1.3 Native vegetation protection – clearing apiary sites and access tracks 5
7.2 SECURITY OF PUBLIC LAND FLORAL RESOURCES 6 7.2.1 Timber production 6 7.2.2 Managing fire 6
7.3 ADMINISTRATION 6 7.3.1 Public land bee site licences 7 7.3.2 Bee sites 7 7.3.3 Licence/Site allocation 7 7.3.4 Fees and charges 8
7.4 NATIVE TITLE, TRADITIONAL OWNERS & CULTURAL HERITAGE 8 7.5 COMMUNICATIONS/ENGAGEMENT 8
8. LEGISLATION 8 9. REFERENCES 9
1. APPLICATION This Apiculture (beekeeping) on public land policy and the associated Apiculture (beekeeping) on public land standard operating procedure relate to the conduct of apiculture (beekeeping) on all public land (forests, parks and reserves) managed by the Department of Environment and Primary Industries (DEPI) and Parks Victoria. This document should also inform other public land managers about the benefits of beekeeping and processes for the administration and management of beekeeping.
2. DEFINITIONS In this policy – Apiary means a bee hive or group or ‘load’ of managed bee hives; Apiary site means a site (usually within a clearing or semi‐cleared site) where an apiary may be located. Beekeepers may sometimes refer to an apiary site as a ‘bee farm’ or ‘bee yard’;
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Apiculture (also referred to as beekeeping) means the management and husbandry of honeybees; Bee forage area (also referred to as a bee range) means the area over which bees forage for nectar and pollen; Beekeeper means a person, persons or business entity engaged in the conduct of apiculture or beekeeping; Bee site means an apiary site or the place on which bee hives are kept and a bee forage area or bee range. On public land bee sites are classified as follows:
Category One bee site (bee forage area or bee range diameter = 1.6 km); and
Category Two bee site (bee forage area or bee range diameter = 3.2 km); Bee site licence means a licence or permit under the relevant legislation and regulation pertaining to public land; Bee smoker (also referred to as a smoker) means a device used to calm or control bees. The hand held device generates smoke from smouldering fuels (e.g. pine needles); Public land means forests, parks and reserves and does not include public land managed by Committees of Management, Trusts, Municipal Councils or government agencies other than the public land manager; and Public land manager means the Department of Environment and Primary Industries and/or Parks Victoria.
3. BASIS In recognition of the role of the European Honeybee in helping to assure the food security of Victorians and Australians via the provision of crop pollination services, the Victorian Government is committed to a viable and productive honeybee industry. A viable and productive honeybee industry is heavily dependent on access to and maintenance of secure floral resources within the state’s forests, parks and reserves and streamlined and efficient regulation/administration.
4. OBJECTIVES
This policy and the associated standard operating procedure seek to:
encourage apiculture on public land;
maximise coexistence or minimise conflict between apiculture and other public land uses/values;
establish an efficient, effective and uniform system for the management and administration of apiculture on public land; and
ensure an appropriate financial return to the State from the use of a public resource.
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5. BACKGROUND
For more than a century bee sites were established on public land wherever there were suitable floral resources and access and the prescribed spatial separation of apiary sites could be achieved. Apart from apiary site and bee range size prescriptions, the only real limitations on the establishment of bee sites related to the extent and standard of the public land road network and capabilities of beekeepers vehicles. Given that public land, particularly state forests, is approaching capacity in terms of bee sites on prime honey flora, there is competition for existing sites and consistent demand for new opportunities. As at February 2012, there were 3,637 bee sites on the 7.6 million ha of forests, parks and conservation reserves in Victoria. One thousand, nine hundred and forty three sites are located in the 3.16 million ha of state forest, 1,235 bee sites are located within the 3.4 million ha of national, state and other parks and the remaining 459 sites are located on other public land, including conservation reserves. In recent decades, drought, fires and, according to beekeepers, management practices/activities (e.g. fire management and forestry operations) have impacted significantly on the productivity of the Victorian honeybee industry. For example, since 2002/03, bushfires have impacted on the productivity of more than 500 public land bee sites. These impacts together with the array of often competing uses of public land and the fact that there are limitations on availability of ‘unutilised’ floral resources generate challenges and complexities for public land managers in terms of achieving coexistence between beekeeping and other public land uses and deriving the maximum value from public land for the wider community. DEPI administers public land beekeeping according to the relevant legislation (see Section 8).
6. PUBLIC LAND POLICY CONTEXT Victoria’s public land encompasses approximately one third of the state and provides enormous environmental, social, cultural and economic benefits to all Victorians. Public land, depending on its category, may have multiple purposes, including:
protecting of natural, cultural and heritage values;
providing recreational and health benefits to the public;
providing educational and scientific benefits to the community;
establishing built public assets and utilities/services infrastructure; and
supporting economic use of public land resources such as apiary, grazing, and tourism opportunities.
The role of public land managers is to manage the land and its natural resources in a sustainable, efficient and effective manner on behalf of the community having regard to the purpose for which that land was reserved. Public land is diverse and extensive allowing many different uses to be catered for. However, public land is also a finite resource and resource limitations mean that compromises will need to be made
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to get the best outcomes (including continued provision of opportunities for individuals, businesses and communities) for all Victorians. Great care needs to be taken when managing forests and parks to make sure that they are healthy and productive so that current and future generations will continue to benefit from them. The Government is committed to making sure that our growing and diverse population benefits fully from our estate.
7. BEEKEEPING POLICY
The Victorian Government recognises the importance of the honeybee industry in helping to ensure Victorian food security, boost regional jobs and support the state’s billion‐dollar agricultural exports. Accordingly, DEPI seeks to encourage and support beekeeping on public land except wilderness and reference areas and reduce administrative burden on beekeepers.
7.1 ACCESS TO FLORAL RESOURCES
Apiaries are permitted on public land except on public land within the following distances from the boundary of a wilderness park or zone or reference area:
0.8 km (in the case of Category One bee sites);
1.6 km (in the case of Category Two bee sites).
Note: These distances ensure alignment of bee range or bee forage area boundaries with the boundaries of wilderness and reference areas.
7.1.1 Public land planning
Beekeeping will be considered as a part of all public land planning processes. Relevant planning processes include:
Regional management plans: These plans will indicate the overarching importance and narrative for a region’s beekeeping identifying any specific important issues and any particular regional considerations/directions in the management of bees;
Operational plans and management plans: o Park or forest management plans: these plans may address local beekeeping
issues and considerations and provide strategies for the management of beekeeping within a park or parks or a forest planning area;
o Master plans: master plans generally apply to small development envelopes or areas. However they may impact on beekeeping on adjoining public land;
o Recreation plans: see master plans, above; o Road management plans: these plans have implications and present opportunities
for beekeepers in planning and management of and works on the road network; o Planned burning and other fire management planning and operations: DEPI,
working with beekeepers, will:
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consider current and projected availability and diversity of floral resources in planning for planned burns; and
notify relevant beekeepers in advance of planned burns (and beekeepers should assist this process by providing DEPI with appropriate contact details).
Where specific beekeeping values have been identified as part of an operational or management planning process, the public land manager may consider application or utilisation of the following tools to protect or minimise impact on those values:
o Management prescriptions: for example the current Bendigo Forest Management
Plan (and timber harvesting prescriptions) includes prescriptions to protect Yellow Box (Eucalyptus melliodora) and Summer Flowering Red Ironbark (Eucalyptus tricarpa);
o Forest zoning: while DEPI does not support broad‐acre application of special
management zones to ensure protection of bee sites, it is recognised that a zoning solution may be appropriate in some locations.
In circumstances where the above processes do not adequately recognise or protect beekeeping values, the public land manager may consider the development of an apiary management plan. While ‘single issue’ plans are not generally favoured by DEPI, it is recognised that such plans are useful/warranted in some situations. For example, the Gippsland Apiary Plan has provided a solid framework for maximising coexistence between beekeeping and timber production in that area.
7.1.2 Emergency response
DEPI will, so far as is practicable, consider beekeeping in planning and implementing response to emergency incidents/natural disasters. DEPI’s first priority will be the management of the incident or disaster, and beekeepers should not assume that their interests and assets can be protected. DEPI will consider beekeeping in planning and implementing rehabilitation and recovery following emergency incidents/natural disasters.
Where access to an apiary has been prevented or a bee site has been rendered unproductive as a result of a natural disaster or other emergency incident, the land manager may consider alternative options for beekeepers including alternative sites if available or fee waivers.
7.1.3 Native vegetation protection – clearing apiary sites and access tracks
Removal, destruction or lopping of native vegetation to create or maintain apiaries and/or access to apiaries shall be subject to the applicable Victoria Planning Provisions (DPCD undated) and Victoria’s Native Vegetation Management – A Framework for Action (NRE 2002) (and future Permitted clearing of native vegetation – Biodiversity assessment guidelines). In addition, removal, destruction or lopping of native vegetation must not occur without approval of the public land manager.
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As a general principle, and so far as is practicable, apiary sites should be located on existing clearings, breaks or openings within public land.
7.2 SECURITY OF PUBLIC LAND FLORAL RESOURCES Public land managers will optimise the security of public land floral resources in a manner that is consistent with statutory obligations and government policy.
7.2.1 Timber production
Victoria's timber industry policy is predominantly enshrined in the Timber Industry Action Plan (TIAP). The TIAP details how the government will implement its forestry policy and assist the timber industry to meet its key challenges. Primary policy settings underpinning the TIAP are the provision, for the timber industry, of greater resource certainty and secure long‐term access to native timber supplies. Timber production operations are conducted in accordance with forest management plans, the Code of Practice for Timber Production 2007, the allocation order (for public native timber harvesting), and all other relevant laws and regulations governing timber harvesting. The code stipulates requirements for wood utilisation and coupe planning, which in turn determine harvesting techniques and rehabilitation requirements, including in relation to roads and log landings. Beekeeping will be considered in timber production planning, with view to optimising coexistence between the two activities.
7.2.2 Managing fire
The Code of Practice for Bushfire Management on Public Land 2012 establishes the framework for bushfire management (including planned burning and bushfire response) on Victoria's public land. The code commits fire agencies to reduce the risk of bushfires to human life and recognises the role of fuel management in reducing bushfire risk over broad areas. The code also commits fire agencies to engagement with communities and stakeholders (including beekeepers) in the planning and management of fire. DEPI, within the context of compliance with the code, will seek to minimise the impacts of managing fire on public land beekeeping.
7.3 ADMINISTRATION The government's economic strategy, Securing Victoria's Economy: Planning, Building, Delivering, promotes sustained productivity improvements through a more affordable and competitive business environment (e.g. by reducing administrative burden on businesses). DEPI aims to administer beekeeping on public land in a streamlined and efficient manner. DEPI will also strive for continuous improvement in the administration of public land beekeeping.
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7.3.1 Public land bee site licences
To undertake beekeeping activities on public land the beekeeper must be a registered beekeeper under the Livestock Disease Control Act 1994 (Vic) and the holder of a current public land bee site licence. Beekeeping activities must be in accordance with the conditions of the bee site licence. Bee site licences do not provide any exclusive interest or property right in the land. Licences will be issued for a term of 10 years and are renewable.
7.3.2 Bee sites
DEPI will continue to administer two categories of bee sites:
Category One bee sites (sites formerly subject to three and six month licences/permits). These sites are 1.6 km in diameter.
Category Two bee sites (sites formerly subject to annual Bee Farm and Bee Range Licences). These sites are 3.2 km in diameter.
No new Category Two bee sites will be established, and as licences for existing Category Two sites are surrendered or discontinued by the beekeeper, these sites will be converted to Category One sites. Apiary sites will be operationally adequate, definable and, as a general principle, signposted (pegged). Operational adequacy will vary from beekeeper to beekeeper or according to operational or seasonal circumstances, and accordingly DEPI and/or Parks Victoria will not, as a general principle, include judgments about operational adequacy in decision‐making in relation to a given apiary site. As a general principle, new apiaries must be located at the centre or close to the centre of the bee range and bee sites must not overlap (although it is recognised that for practical or operational purposes, some overlap ‐ up to 10% ‐ may be necessary).
7.3.3 Licence/site allocation
DEPI favours competitive processes to allocate access to public land resources, noting that for cost effectiveness the department may choose to allocate bee site licences on a first come first served basis. The department may also allocate bee site licences via other means including ballot or expression of interest. Usually such approaches will be applied to a number or batch of bee sites, particularly where these are identified by DEPI and/or Parks Victoria, or to those cases where there are a number of applicants for a particular site. All bee sites will be allocated through an open and transparent process.
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7.3.4 Fees and charges
Government policy in relation to pricing, fees and charges is that full cost recovery will be sought, except for certain specific circumstances where prices, fees and charges will be set according to commercial rates (higher than full cost recovery) or subsidised (lower than full cost recovery).
Government fees and charges are, as a general principle, subject to annual adjustment based on the ‘Annual Rate’ (also known as the ‘Treasurer’s Rate’) published prior 1 March of each year. Fees and charges for bee site licences will be in accordance with government fees and charges policies.
7.4 NATIVE TITLE, TRADITIONAL OWNERS & CULTURAL HERITAGE
The Native Title Act 1993 (Cwlth) and the Traditional Owner Settlement Act 2010 (Vic) provide the basis for determining matters of native title and traditional ownership in Victoria. DEPI will adhere to the provisions of the legislation in relation to the issue of bee site licences. DEPI recognises and supports the protection of Aboriginal cultural heritage on public land. DEPI will adhere to the provisions of the Aboriginal Heritage Act 2006 (Vic) and associated regulations to provide for the protection of Aboriginal cultural heritage in all of its activities on public land, including management of beekeeping.
7.5 COMMUNICATIONS/ENGAGEMENT To optimise public land beekeeping productivity and coexistence with other public land uses, DEPI and Parks Victoria will undertake or facilitate good communications and engagement with beekeepers. DEPI recognises that education and training of staff in relation to beekeeping on public land is essential for the effective management and administration of the activity.
8. LEGISLATION Aboriginal Heritage Act 2006 (Vic) This Act facilitates protection of Aboriginal cultural heritage and broadens Aboriginal community involvement in decision making. Country Fire Authority Act 1958 (Vic) Section 40 of this Act relates to the lighting of fires (including the operation of smokers) on days of total fire ban. A permit is required to operate a smoker or utilise fire for the extraction of honey on a day of total fire ban.
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Flora and Fauna Guarantee Act 1988 (Vic) This Act protects significant listed flora and fauna species and communities. Forests Act 1958 (Vic) Section 52 of the Act provides that licences may be granted for a range of purposes, including any purpose connected to state forest or forest produce. Bee sites may be licensed under this provision of the Act. Forests (Fire Protection) Regulations 2004 Regulation 24 stipulates fire protection requirements in relation to apiculture on public land, including the use of smokers and the provision of fire fighting equipment (knapsack spray and rake). Land Act 1958 (Vic) Sections 141 – 148 of the Act provide for bee farm and range licences and section 149 relates to temporary apiary rights. Land Regulations 2006 The Land Regulations prescribe fees and charges for activities such as: lodgement and recording licence applications; preparation and issue of a licence; consent to the transfer of a licence; and preparation of a duplicate licence document. Livestock Disease Control Act 1994 (Vic) This Act requires the registration of all apiarists and sets the standards and conditions for apiculture and disease control. Section 125 provides a mechanism or process for managing abandoned hives on Crown land. National Parks Act 1975 (Vic.) Section 21(1)(b) of the Act allows a permit to be granted to allow the operation of an apiary in a park reserved and/or managed under the Act. Native Title Act 1993 (Cwlth) and Traditional Owner Settlement Act 2010 (Vic) These Acts provide the basis for determining matters of native title and traditional ownership in Victoria. Planning and Environment Act 1987 (Vic) This Act provides the basis for planning schemes in Victoria, including the Victoria Planning Provisions and the development and incorporation of codes of practice, including the Apiary code of practice (DPCD 2011).
9. REFERENCES DPCD (2011) Apiary code of practice, Department of Planning and Community Development, Victoria. DPCD (Undated) Victoria Planning Provisions, Department of Planning and Community Development, located at http://planningschemes.dpcd.vic.gov.au/vpps/ (website accessed 20 May 2013). NRE (2002) Victoria’s Native Vegetation Management – A Framework for Action, Department of Natural Resources and Environment, Victoria.
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DPI (2011) Timber Industry Action Plan – A Victorian Government Initiative, Department of Primary Industries, Victoria. DSE (2007) Code of Practice for Timber Production, Department of Sustainability and Environment, Victoria. DSE (2008) Bendigo Forest Management Area, Management Plan, Department of Sustainability and Environment, Victoria. DSE (2012) Code of Practice for Bushfire Management on Public Land, Department of Sustainability and Environment, Victoria. DPC (2012) Securing Victoria's Economy. Planning. Building. Delivering, Department of Premier and Cabinet, Victoria.
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Apiculture (beekeeping) on public land standard operating procedure ORIGINATOR: WORKING GROUP – DEPI PUTTING THE BUZZ BACK IN AGRICULTURE PROJECT DISTRIBUTION: DEPARTMENT OF ENVIRONMENT AND PRIMARY INDUSTRIES; PARKS VICTORIA; VICTORIAN APIARISTS ASSOCIATION INC.; VICTORIAN FARMERS FEDERATION
CONTENTS Page No. 1. APPLICATION 1 2. DEFINITIONS 1 3. STANDARD OPERATING PROCEDURE 2
3.1 BEEKEEPING ON PUBLIC LAND WILL BE IN ACCORDANCE WITH BEEKEEPING POLICY 2 3.2 BEE SITE LICENCES 2
3.2.1 Licence allocation 3 3.2.2 Licence application process 3 3.2.3 Licences are subject to conditions 4 3.2.4 Fees and charges 5 3.2.5 Licence renewal 6 3.2.6 Licence cancellation 6 3.2.7 Native title, traditional owners & cultural heritage 6
3.3 MARKING BEE SITES ON THE GROUND 7 3.4 BEE SITES TO BE RECORDED IN RELEVANT GEOGRAPHIC INFORMATION SYSTEMS 7 3.5 WORKS AND MAINTENANCE ON BEE SITES 7 3.6 ENGAGEMENT WITH BEEKEEPERS 8 3.7 BEEKEEPER’S PERSONAL & COMMERCIAL INFORMATION 9
4. LEGISLATION 9 5. REFERENCES 10 APPENDIX 1 CONDITIONS OF LICENCE 11
1. APPLICATION This Standard Operating Procedure relates to the conduct of apiculture (beekeeping) on all public land (forests, parks and reserves) managed by the Department of Environment and Primary Industries (DEPI) and Parks Victoria. This document must be read in conjunction with the Apiculture (beekeeping) on public land policy.
2. DEFINITIONS In this standard operating procedure – Apiary means a bee hive or group or ‘load’ of managed bee hives; Apiary site means a site (usually within a clearing or semi‐cleared site) where an apiary may be located. Beekeepers may sometimes refer to an apiary site as a ‘bee farm’ or ‘bee yard’; Apiculture (also referred to as beekeeping) means the management and husbandry of honeybees;
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Bee forage area (also referred to as a bee range) means the area over which bees forage for nectar and pollen; Beekeeper means a person, persons or business entity engaged in the conduct of apiculture or beekeeping; Bee site means an apiary site or the place on which bee hives are kept and a bee forage area or bee range. On public land, bee sites are classified as follows:
Category One bee site (bee forage area or bee range diameter = 1.6 km); and
Category Two bee site (bee forage area or bee range diameter = 3.2 km); Bee site licence means a licence or permit under the relevant legislation and regulation pertaining to public land; Bee smoker (also referred to as a smoker) means a device used to calm or control bees. The hand held device generates smoke from smouldering fuels (e.g. pine needles); Public land means forests, parks and reserves and does not include public land managed by Committees of Management, Trusts, Municipal Councils or government agencies other than the public land manager; and Public land manager means the Department of Environment and Primary Industries and/or Parks Victoria.
3. STANDARD OPERATING PROCEDURE
3.1 BEEKEEPING ON PUBLIC LAND WILL BE IN ACCORDANCE WITH BEEKEEPING POLICY
DEPI and Parks Victoria will manage and administer the conduct of beekeeping on public land in accordance with the Apiculture (beekeeping) on public land policy.
DEPI and Parks Victoria will manage those uses, events and activities on public land that may impact on or intersect with beekeeping taking into account the policy guidance presented in the Apiculture (beekeeping) on public land policy.
3.2 BEE SITE LICENCES Beekeeping on public land must be in accordance with a current bee site licence. Bee site licences shall be subject to a ten year term and are renewable. Bee site licences may be surrendered or transferred (refer to Section 3.2.1). Licences will be administered in accordance with the relevant legislation/regulation.
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3.2.1 Licence allocation
New bee sites: In the case where a beekeeper identifies an opportunity within the current rules to establish a new bee site, that beekeeper may lodge an application for the site, which DEPI will generally consider on the basis of first come, first served. In the case where DEPI and/or Parks Victoria identifies potential new bee sites or under some circumstances where a beekeeper or beekeepers identify an opportunity to establish a new bee site or sites, DEPI reserves the right to allocate the site or sites via a process that may include, but is not limited to, the conduct of a ballot or the invitation of expressions of interest.
Ballots or expression of interest processes will generally only be applied to those situations where there is a number or batch of sites.
Vacant bee sites: Where a bee site becomes vacant, the site will generally be made available on a first come, first served basis. In some circumstances (e.g. where a licence for a prime site or sites has been surrendered or there is more than one applicant) DEPI reserves the right to allocate the site or sites via a process that may include, but is not limited to, the conduct of a ballot or the invitation of expressions of interest.
Each DEPI Region will maintain a register or data base of vacant bee sites. Details of vacant sites will be available upon request.
Site/licence surrender: A beekeeper who holds a public land bee site licence may surrender that licence at any time. Surrendered licences will be cancelled and the affected bee sites will be designated as vacant. Beekeepers wishing to take advantage of a short term floral resource and having no interest in retaining the site for the entire 10 year licence term are advised to elect the annual payment option and surrender the licence when it is no longer required.
No pro‐rata refunds will be paid to the beekeeper upon surrender of a licence.
Site/licence transfer: The holder of a bee site licence may apply to transfer the licence to another beekeeper. Transfer will be subject to the approval of the public land manager, taking into account Section 3.2.2 below. Approvals of applications for transfer must not be unreasonably withheld. A transferred licence is not a new licence. Therefore it will be subject to the payment options selected by the original licence holder. No pro‐rata refunds will be paid to the original licence holder. Sharing bee sites: In order that bee site productivity is maximised, DEPI supports the concept of beekeepers sharing their sites with fellow beekeepers. In these cases, the licence holder retains responsibility for compliance with conditions of and meeting all obligations under the licence.
3.2.2 Licence application process
In line with the Apiculture (beekeeping) on public land policy, DEPI will apply the principle of encouraging apiculture on public land in the consideration of applications for vacant or new
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bee sites and bee site transfers. In addition, DEPI will not unreasonably withhold approvals for bee site licences and bee site transfers. DEPI will only receive applications for vacant or new bee sites and bee site transfers in writing and following payment of the fees and charges prescribed in the Land Regulations 2006. DEPI may require that applications be submitted on standard forms (e.g. the ‘Use of Crown land application form’). DEPI will receive applications for vacant or new bee sites and bee site transfers either at the counter of the relevant DEPI Regional Office or in writing to the relevant DEPI Regional Director.
DEPI will require proof of the beekeeper’s registration under the Livestock Disease Control Act 1994 (Vic) at the point of receipt of or enclosed with the application. Applications relating to new and vacant bee sites and bee site transfers will be processed quickly and efficiently, preferably within 45 days of receipt.
In determining whether or not to approve an application, the following matters will be considered by the DEPI Apiary Administrator:
registration under the provisions of the Livestock Disease Control Act 1994;
reliability in terms of compliance with previous or other public land bee site licences and the payment of fees and charges; and
compliance with legislation and regulation relating to public land apiary administration; In determining whether or not to approve an application, the following matters will be considered by the public land manager:
the policy guidance provided in the Apiculture (beekeeping) on public land policy, including implications in relation to:
- fire management;
- other users and uses (current and proposed) of the public land, including recreation and tourism users and uses, and public land neighbours;
- road and access management;
- native vegetation clearance; and
- reference areas and wilderness;
compliance with the Apiary Code of Practice;
compliance with land management legislation and regulation;
compliance with recommendations of Victorian Environmental Assessment Council and its predecessors that have been approved by the Government.
DEPI will notify the applicant of the outcome of the application in writing. Where an application has been successful, notification shall be in the form of an executed licence document; and where an application has been unsuccessful the notification shall be in writing and outline the reasons for the refusal to grant the licence. As indicated above, approvals must not be unreasonably withheld.
3.2.3 Licences are subject to conditions
Bee site licences shall be subject to conditions, including any special conditions that may be appropriate to the particular site or location. As a general principle, standard documents shall be utilised. Standard licence conditions are set out in Appendix 1.
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In order to maximise availability of public land for beekeeping it may be possible to issue licences in relation to marginal situations on the basis that they are subject to special conditions (e.g. bees must be ferried to bee site using a standard four wheel drive vehicle).
3.2.4 Fees and charges
DEPI will apply the relevant prescribed fees for bee site licences (refer to Table 1).
Table 1: Fees for bee site licences
Bee site category
Fee paid annually Fee paid 10 yearly
Category One
6.9 Fee Units plus GST 41.4 Fee Units plus GST
Category Two 10.4 Fee Units plus GST
62.4 Fee Units plus GST
Note: the 10 yearly fee is calculated as follows: 6 x Number of fee units x fee unit value.
DEPI will apply additional fees and charges for licence transfers and document production, as prescribed in the Land Regulations 2006 (refer to Table 2).
Table 2: Fees and charges for administrative actions
Administrative action
Fee/Charge
Recording or booking of an application for a licence
1.4 Fee Units
Preparation and issue of a licence
7.4 Fee Units
Consent to the transfer of a licence
4.0 Fee Units
Preparation of a duplicate licence document
4.0 Fee Units
Fees and charges will be adjusted annually by the ‘Annual Rate’ (also known as the ‘Treasurer’s Rate’) published prior 1 March of each year, unless otherwise determined by the Minister. The ‘Annual Rate’ adjusts fee units for the next financial year. Beekeepers may elect to pay licence fees annually or upfront for the entire ten year term. Irrespective of the date on which a bee site licence is taken out, the anniversary of all licences for purposes of invoicing shall be 1 July. Overdue accounts will be managed in accordance with DEPI’s standard procedures for managing such accounts.
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3.2.5 Licence renewal
DEPI will generally offer automatic renewal of bee site licences simply by invoicing the beekeeper in relation to a further period (renewal is then achieved by payment of the fees and charges). DEPI may choose not to offer a further licence period. Reasons for non‐renewal must be provided to the beekeeper in writing. Reasons for non‐renewal may include unsatisfactory performance of beekeeper or land management considerations.
3.2.6 Licence cancellation
DEPI may cancel a bee site licence under the following circumstances:
proven breach of conditions (and the breach has not been remedied within a reasonable time of the beekeeper being requested to remedy the breach);
failure to pay fees and charges; and
changed circumstances in relation to the land. In the event that DEPI proposes to cancel a licence, the beekeeper will be notified in writing, including the reasons for cancellation. In the case where proposed cancellation is due to changed circumstances in relation to the land, DEPI will consult with the beekeeper prior to proceeding to formal cancellation. In such cases, DEPI will give pro rata refunds of any licence fees that have been paid by the beekeeper.
3.2.7 Native title, traditional owners & cultural heritage
The Native Title Act 1993 (Cwlth) and the Traditional Owner Settlement Act 2010 (Vic) provide the basis for determining native title and traditional ownership matters in Victoria.
Under the provisions of the Native Title Act, the issuing of bee site licences is considered to be a valid act of government and there are no special procedural requirements in regard to the issuing of those licences.
Under the Traditional Owner Settlement Act, Traditional Owner groups can enter into a Land Use Activity Agreement (LUAA) in relation to Crown land. The state’s template LUAA categorises 'bee farming range licences or permits' as ‘Advisory Activities’. This means that a notification must be sent to a Traditional Owner group advising the group of the intent to grant the licence or permit.
Under the Traditional Owner Settlement Act there is the option for a Traditional Owner group to opt out of being advised of some activities.
In order to protect Aboriginal cultural heritage, DEPI and Parks Victoria will undertake or facilitate or ensure the undertaking of any requirements under the Aboriginal Heritage Act 2006 (Vic) and associated Regulations that may result from the management and administration of beekeeping, including proposals to undertake beekeeping on public land.
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3.3 MARKING BEE SITES ON THE GROUND
DEPI and/or Parks Victoria may enlist the assistance of beekeepers in the mapping and marking of bee sites on the ground. Specifically DEPI may provide the licensee of a particular site with signs and sign posts and/or request the beekeeper to identify or ‘proof’ the site location using GPS. As a general principle, it is advised that standard signs be used for marking and advising of bee sites on the ground (refer to Figure 1.).
Figure 1. Standard bee site and bee site advisory signs (DEPI Signs Manual 2012)
The public land manager may include as special conditions of bee site licences, requirements in relation to mapping and marking bee sites on the ground.
3.4 BEE SITES TO BE RECORDED IN RELEVANT GEOGRAPHIC INFORMATION SYSTEMS
DEPI will ensure that all bee sites are accurately recorded in the relevant geographic information systems (e.g. Forest Explorer) and made available to the public (including beekeepers).
3.5 WORKS AND MAINTENANCE ON BEE SITES Removal, destruction or lopping of native vegetation Native vegetation in Victoria will be managed in accordance with the principles of avoid, minimise and offset as set out in Victoria’s Native Vegetation Management – A Framework for Action (NRE 2002) (and the future Permitted clearing of native vegetation – Biodiversity assessment guidelines). A planning permit is required to remove, destroy or lop native vegetation on private and public land unless otherwise exempt under the Victoria Planning Provisions (VPP) (DPCD undated). Native vegetation at designated apiary sites will be managed in accordance with the conditions of authorisation by the public land manager. As a general principle, and so far as is practicable, bee sites should be located on existing clearings, breaks or semi‐cleared openings within public land (e.g. discontinued log landings, borrow pits, firebreaks etc.).
Clearance of native vegetation should not occur without first ascertaining if any species listed under the Flora and Fauna Guarantee Act 1988 (Vic) are present and seeking appropriate authorisation.
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Beekeepers do not require large ‘bare – earth’ areas on which to locate bee hives. Onsite vegetation assists bee navigation and provides shade.
Beekeepers may undertake maintenance. As a general principle, beekeepers may maintain established/licensed apiary sites and apiary site access by: • removing and/or trimming regrowth that is less than 10 years old; and • mowing or slashing grasses (provided that they are mowed or slashed to a height that
exceeds 100 mm).
Maintenance does not include earth works/excavations or importation and application of gravel, stone or other ‘hard stand’. Beekeepers may undertake approved works. As a general principle, beekeepers may, subject to the approval of the public land manager, undertake works to establish or improve the utility of their apiary sites or establish vehicle access to their apiary sites.
Public land managers may undertake works and maintenance subject to fee for service. The public land manager may enter into fee for service agreements with beekeepers whereby the public land manager agrees to conduct works and maintenance (that would ordinarily be the responsibility of the beekeeper) in relation to bee sites and access to bee sites based on fee for service. Such agreements will generally be made at the local level, and fees and charges shall be determined on a case by case basis, utilising the principle of full cost recovery.
3.6 ENGAGEMENT WITH BEEKEEPERS As a general principle, DEPI will engage or consult with beekeepers and their representatives (such as the Victorian Apiarists Association and the Victorian Farmers Federation) in relation to issues that have the potential to impact on public land beekeeping. Engagement may involve, but is not limited to:
Public land beekeeping page, DEPI website Aimed at informing and engaging beekeepers and the public in relation to beekeeping on public land. Currently, the beekeeping page is located at: http://www.dse.vic.gov.au/forests/forest‐products‐firewood/beekeeping‐on‐public‐land
Apiculture on Public Land Liaison Group (or similar body) A forum for the purposes of industry‐ public land manager liaison
Fire management – stakeholder engagement Proactive engagement as required to ensure maximum co‐existence between fire management and beekeepers
Additional engagement DEPI and Parks Victoria recognise the value of good communications with beekeepers and as such will endeavour to foster effective communications mechanisms/processes over and above those indicated above that may include:
- beekeeper representation on relevant consultative and advisory committees;
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- beekeeper/public land manager field days; and
- DEPI and/or Parks Victoria attendance/presentation at relevant beekeeping industry forums (e.g. Victorian Apiarists Association Annual Conference).
To optimise effectiveness of engagement and communication with beekeepers, the public land manager may undertake relevant processes to educate its staff in relation to public land beekeeping and its operational requirements. (This may involve the development of an information kit.)
3.7 BEEKEEPER’S PERSONAL & COMMERCIAL INFORMATION DEPI and Parks Victoria will maintain privacy in relation to beekeeper information. However DEPI and Parks Victoria will transmit relevant beekeeper contact details to and between operational staff where it is required that beekeepers be notified of operational activities (e.g. planned burning, bushfire management). To assist essential communications between beekeepers and operational staff, beekeepers are encouraged to affix contact details to hives and furnish phone and email contact details with licence applications and invoice payments.
4. LEGISLATION Aboriginal Heritage Act 2006 (Vic) This Act facilitates protection of Aboriginal cultural heritage and broadens Aboriginal community involvement in decision making. Country Fire Authority Act 1958 (Vic) Section 40 of this Act relates to the lighting of fires (including the operation of smokers) on days of total fire ban. A permit is required to operate a smoker or utilise fire for the extraction of honey on a day of total fire ban. Flora and Fauna Guarantee Act 1988 (Vic) This Act protects significant listed flora and fauna species and communities. Forests Act 1958 (Vic) Section 52 of the Act provides that licences may be granted for a range of purposes, including any purpose connected to state forest or forest produce. Bee sites may be licensed under this provision of the Act. Forests (Fire Protection) Regulations 2004 Regulation 24 stipulates fire protection requirements in relation to apiculture on public land, including the use of smokers and the provision of fire fighting equipment (knapsack spray and rake). Land Act 1958 (Vic) Sections 141 – 148 of the Act provide for bee farm and range licences and section 149 relates to temporary apiary rights.
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Land Regulations 2006 The Land Regulations prescribe fees and charges for activities such as: lodgement and recording licence applications; preparation and issue of a licence; consent to the transfer of a licence; and preparation of a duplicate licence document. Livestock Disease Control Act 1994 (Vic) This Act requires the registration of all apiarists and sets the standards and conditions for apiculture and disease control. Section 125 provides a mechanism or process for managing abandoned hives on Crown land. National Parks Act 1975 (Vic.) Section 21(1)(b) of the Act allows a permit to be granted to allow the operation of an apiary in a park reserved and/or managed under the Act. Native Title Act 1993 (Cwlth) and Traditional Owner Settlement Act 2010 (Vic) These Acts provide the basis for determining matters of native title and traditional ownership in Victoria. Planning and Environment Act 1987 (Vic) This Act provides the basis for planning schemes in Victoria, including the Victoria Planning Provisions and the development and incorporation of codes of practice, including the Apiary code of practice (DPCD 2011).
5. REFERENCES DPCD (2011) Apiary code of practice, Department of Planning and Community Development, Victoria. DPCD (Undated) Victoria Planning Provisions, Department of Planning and Community Development, located at http://planningschemes.dpcd.vic.gov.au/vpps/ (website accessed 20 May 2013). NRE (2002) Victoria’s Native Vegetation Management – A Framework for Action, Department of Natural Resources and Environment, Victoria.
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APPENDIX 1 CONDITIONS OF LICENCE The licensee must observe the following conditions in the conduct of activities under this licence ‐ 1. The apiary site shall not be used for any purpose other than for an apiary. 2.. The licensee shall comply with the requirements of the Apiary Code of Practice in the
conduct apiculture within the bee site licence area. 3. This licence shall not be transferred without the prior written approval of the Secretary to
the Department of Environment and Primary Industries or an authorised delegate and payment of the appropriate transfer fee.
4. Subject to the reasonable direction of the public land manager, the licensee may be required
to remove bee hives from or not place bee hives within the licence area to allow the public land manager to conduct management operations such as planned burning.
5. No fence or other permanent structure shall be erected on the site. 6. The licensee shall, when in physical occupation of the site observe all fire protection
provisions of the relevant legislation, including in relation to the use of smokers and the availability of fire fighting equipment (knapsack spray and rake).
Note: A smoker may be used to assist the management of bees, except on days of total fire ban, when a special permit must first be obtained (in accordance with Section 40 of the Country Fire Authority Act 1958 (Vic)).
7. The licensee shall observe the provisions of the relevant Act and regulations under which the
land is managed, except as otherwise allowed by the licence. 8. The licensee is entitled, without payment, to cross by the shortest practicable route any
Crown land held under agricultural licence between the apiary site and any public road or track, provided that the licensee closes any gates or slip panels that the licensee opens.
9. As provided in the Land Conservation (Vehicle Control) Regulations 2013, the licensee is
authorised to drive off road or utilise management vehicle only roads and tracks to the minimum extent necessary for the conduct of apiculture in accordance with this licence, provided that public land including management vehicle only roads and tracks are not damaged.
Note: The licensee is not permitted to use any seasonally closed road/s to access or egress or conduct apiculture within the licence area.
10. No dog or other animal that is not a honeybee shall be kept or allowed to remain on the
apiary site. 11. Proof of identity shall be produced upon the request of any DEPI or Parks Victoria
Authorised Officer.
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12. The licensee shall not sow any seeds or attempt to cultivate or improve pasture on the licence area, including the use of any fertiliser.
13. The licensee shall not apply any chemicals that are not directly related to the husbandry of
bees within a bee site, including pesticides/herbicides. 14. The site shall be maintained in a clean and tidy condition when occupied and be left in that
state when vacated. 15. Where there is a reasonable requirement and when directed by the public land manager,
the licensee shall provide water at a site. 16. This licence may be cancelled in the event of it being proved that the holder has committed,
or permitted, a breach of any conditions of the licence and has not, within a reasonable time after being requested in writing to do so, rectified that breach (licence fee not refundable in this instance).
Special conditions (add as appropriate) Include special conditions such as:
- requirements to ‘GPS’ bee sites and erect bee site and bee site advisory signs;
- bees must be ferried to bee site using standard four wheel drive vehicle.