The Native Vegetation Clearing Regulations were updated late 2017 by the Victorian Department of Environment, Land, Water and Planning (DELWP). This presentation is an overview of the changes from an ecological consultant's perspective. Presented at an industry forum in February 2018 hosted by the Victorian Planning and Environmental Law Association (VPELA).

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Victoria’s NativeVegetation Reforms
Guidelines for the Removal, Destruction or
Lopping of NativeVegetation
VPELA Seminar
Aaron Organ
Director / Principal Ecologist
7 February 2018

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Presentation Outline
1. Brief summary of key changes
2. Case study
3. Future considerations

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Key Changes - Application Requirements
1. More values considered when assessing
applications
2. Online tools have been updated (e.g. maps, species
habitat modelling)
3. Site information has a greater role in decision
making
4. Greater clarification of exemptions

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Key Changes
OLD Policy NEW Policy
Three assessment pathways (Low,
Moderate and High)
Three assessment pathways (Basic,
Intermediate and Detailed)
Minimisation only needed for moderate
and high risk pathways
Avoid and minimise needed for all
applications
Offset strategy required for moderate
and high risk pathways
Offset strategy required for all pathways
Site condition had a low influence on
offset amount
Site condition has a higher influence on
offset amount
Additional environmental requirements
not considered
Impacts to Endangered EVCs, sensitive
wetlands and coastal areas
Large Tree offsets not required Large Tree offsets required

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Supporting Documents
• Applicant’s Guide
• Exemption Guidance
• Assessor’s Handbook

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Case Study
• Proposed industrial development (1.916 ha of grassland)

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Case Study
Location Risk Location Category 1, 2, 3

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OLD Policy NEW Policy
Moderate Risk Pathway Detailed Assessment Pathway
Demonstrate minimisation Demonstrate avoidance and minimisation
No additional environmental
considerations
Application needs to consider removal of
Endangered EVC
BIOR Report
Target of 0.760 General Biodiversity
Equivalence Units
NVR Report
Target of 1.220 Species Habitat Units for
Prickly Arrowgrass
Cost of ~$100,000 Possibly $150,000, although unknown
Offsets currently available Offset availability unknown: a Planning
Permit cannot be granted until a suitable
offset site has been identified
Possibly delays in project commencing

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Offsets
Offset under BAG

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Offsets
Offsets required under current Guidelines

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Summary
• More applications likely to fall under the Detailed Assessment
Pathway (0.5 ha versus 1 ha threshold)
• Site Condition plays a stronger component:
– Offset amount are likely to increase = Greater need for forward planning
• DELWP referral triggers similar
• Large Tree Offsets are an attribute of the General or Species
Habitat Units purchased (not separate)
• Threatened species modelling improved:
– Species Habitat Units likely to increase
• More cases relating to biodiversity issues going to VCAT?

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Smoother Assessment and Project Approvals
Key Considerations:
• For larger projects collaboration between the proponent,
planners, architects and ecological consultants:
– Important for demonstrating impact avoidance, reducing risk of permit
refusal, reduce offset liability
• Combined assessment by Bushfire Management Analysts,
Ecological Consultants and Arborists as approval requirements
can often be conflicting
• Councils have the ability and are updating their mapping of
ecological assets and planning overlays (ESOs, VPOs)
• Early determination of project offset requirements (run multiple
development / offset scenarios)
– Reduce project time and cost

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Smoother Assessment and Project Approvals
Key Considerations:
• DELWP urgently provide updated credit statements to offset
providers and landowners
• EPBC Act matters still assessed separately (unlike the BCS)
• Decision Guidelines in the Assessor’s Handbook are complex
– Local council Statutory Planners may require additional training and
resources

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Questions?
Aaron Organ
Director / Principal Ecologist
0425 873 159
aorgan@ehpartners.com.au