Victorian Planning andEnvironmental Law

Association

24 June 2013

Aaron Organ – Director / Principal Ecologist

Adelaide, Brisbane, Melbourne, Geelong

Ph (03) 9377 0100, Mob. 0425 873 159

Merri Creek

Prior to MelbourneStrategic Assessment

BiodiversityConservation Strategy

Habitat compensationapproach

Long-term benefits

Future considerations

Presentation Outline

6

Ad hoc approval process - Part 9 of the EPBC Act

If a ‘Controlled Action’ - 6-9 months approvalprocess

On-site reservation of typically small, isolatedpatches of remnant native vegetation in an urbanmatrix

Offsets to be secured prior to site disturbance andhigher than 1:1 ratio

Often difficult to manage

Protracted timelines, inconsistent outcomes, addedcosts, sub-optimal biodiversity outcomes

Prior to Melbourne Strategic AssessmentEndorsement

7

Endorsed on 2 February 2010

First strategic assessment in Australia

Approval has effect until 31 December 2060

Based on the Program Report completion of the BCS

Addresses matters of National EnvironmentalSignificance and satisfies State requirements

Sub-regional Strategies completed for Growling GrassFrog, Golden Sun Moth and Southern Brown Bandicoot

Various Conservation Management Plans being preparedwithin the Precincts to DEPIs satisfaction

Melbourne Strategic AssessmentEndorsement

9

36 Conservation Reserves within the Urban GrowthCorridor (approx. 5700 ha)

Approx. 3000 ha land along major waterways toprotect and restore habitat for Growling Grass Frog

15,000 ha grassland reserve and 1200 ha grassywoodland reserve

Approx. 1600 ha of new reserves to be securedoutside UGB across rural Victoria

Protection targets set out in the Program report -80% of best habitat to be protected for Spiny Rice-flower, Matted Flax-lily and Golden Sun moth

Biodiversity Conservation Strategy

10

The BCS removes the prescriptions (singleenvironmental approval)

Avoids duplication of assessment process underthe EPBC Act and State (reduced timelines)

Cuts down on information costs and administrativeburden

Offset obligations and their cost are now knownupfront

State Government administers the cost recoveryprocess

Benefits for Industry

11

Identification of ecological valuesupfront (assessments over 4 years)

Protection and future managementof highest quality conservationareas (e.g. western grasslandreserves)

Early consideration and mitigationof cumulative impacts (avoid short-sighted decisions and focusing onbroader outcomes)

Creation of additional habitat (e.g.Growling Grass Frog)

GSM habitat outside of the GrowthBoundary to reach 80% protection

Improved Biodiversity Outcomes

13

Reduced need for further ecologicalassessments

Scrutiny by SEWPaC to ensureimplementation of the BCS is meeting Cwthconditions

High level of scrutiny also from the Officeof the Auditor General to ensure programefficiency and accountability

If costs are found not to be as high aspredicted then offset costs can be reduced.Equally if costs are insufficient they canincrease

Land transfer option for designatedconservation areas in the BCS to reduceoffset liability

Cost Recovery

ECOLOGICAL VALUES PRICE UNIT

APPLICABLE GROWTH AREA

W NW N SE

Native vegetation $95,075 Per hectare of native vegetation removed ✓ ✓ ✓ ✓

Scattered Trees $13,218 Per tree considered removed ✓ ✓ ✓ ✓

Matted Flax-lily $11,196 Per hectare of native vegetation removed - - ✓ -

Spiny Rice-flower $7,937 Per hectare of native vegetation removed ✓ ✓ - -

Golden Sun Moth $7,914Per hectare of non-native vegetationremoved, excluding areas identified asCategory 2 Growling Grass Frog habitat

✓ ✓ ✓ -

Growling Grass Frog $7,529Per hectare of non-native vegetationremoved, identified as Category 2 habitat

✓ ✓ ✓ ✓

Southern Brown Bandicoot $4,015Per hectare of native and non-nativevegetation removed

- - - ✓

Striped Legless Lizard $350

Per hectare of native and non-nativevegetation removed, where vegetationhas been identified as habitat for StripedLegless Lizard (based on a site-specificassessment by an ecologist)

✓ ✓ ✓ -

Habitat Compensation Obligation – Online Interactive Map

1) BCS withingrowthcorridors

2) ApprovedPSPs prior to1 March 2012

3) FormerUGB / outsideMSA Area

Habitat Compensation

◦ Need to determine whether there are any appeal rightsassociated with Work in Kind

◦ Further information required regarding what situationsresult in a reduced offset liability

◦ Who would be responsible for the management of retainedareas outside of the reserves proposed in the BCS (Council)?

◦ Landowners must meet 30% of their total obligation inorder for the Statement of Compliance for the first stage tobe issued

◦ Is a landowner with a designated Conservation Areaobligated to manage the land primarily for conservationprior to purchase or land agreement?

Future Considerations

Large Old Trees and scattered remnanttrees

◦ Additional incentives for the protection of Largeold trees and scattered trees during the PrecinctStructure Planning process

◦ Offset rate of $13,218/tree is consistent acrossall tree age classes

◦ Council’s involvement and jurisdiction (local treeprotection policies)

◦ Other opportunities for the protection andreservation of natural areas for conservation(local council reserves)

Future Considerations

Future Considerations

Southern Brown Bandicootin the South-East GrowthCorridor

Logical Inclusion Areas

Provide feedback to DEPI on Habitat CompensationDocument on the cost recovery process

Review and respond to the Land Acquisition Strategyand Growling Grass Frog Masterplan – when released

Submissions on the Southern Brown Bandicoot SRSS –if possible?

Determine Habitat Compensation liability, Staged andDeferred Payments, and Works in Kind

Conservation area and Growling Grass Frog corridorboundary refinement during PSP process (e.g. areas18, 27, 28, 31, 32, 33)

Future Actions

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The Government has gone a long way inunderstanding and accommodating theindustry’s concerns

All conservation measures fundedthrough cost-recovery and dependenton the rate of development

In future no further reserves requiredinside UGB – what are the incentives foravoidance and protection of additionalareas

Different planning and approvalapproaches within and outside of theGrowth Corridors

Conclusion

Aaron OrganDirector / Principal Ecologist

0425 873 159

Adelaide - (08) 8372 7829 / Brisbane – (07) 3221 3352

Geelong – (03) 5221 8122 / Melbourne – (03) 9377 0100

www.ehpartners.com.au

Contact Details