Native Vegetation Act operation in practice and biodiversity protection in fire prone areas Craig Whisson Department of Water Land and Biodiversity Conservation 3 May 2010

Legislative Framework Native Vegetation Act 1991 Native Vegetation Regulations 2003 Provide for the control of native vegetation clearance across the State Establishes the o Native Vegetation Council, and o 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 -Native Vegetation Act 1991

Clearance for other purposes can occur under either: Native Vegetation Act 1991 o broadacre native vegetation clearance for agricultural development is not permitted o can be for any purpose o assessed against 13, Schedule 1 Principles of Clearance o NVC not able to approve clearance of intact vegetation Clearance processes

Native Vegetation Regulations 2003 o for specific purposes, eg. house sites, fence lines, bushfire protection and planning, infrastructure, mining, public safety o range of requirements and complexity Most authorised clearance (including some regulations) must be offset by an environmental gain - Significant Environment Benefit (SEB)

Native Vegetation Regulations Define circumstances, including exemptions where native vegetation may be cleared Contain mechanisms to allow reasonable necessary clearance Around 40 exemptions – relate to protection and management of bushfires, infrastructure, safety, fence lines, roads, mining, regrowth, pest control etc

Significant Environmental Benefit (SEB) An SEB offsets the biodiversity loss from the authorised clearance of native vegetation Most clearance approvals have an SEB as a condition of consent. The SEB can be: o restoration and/or management o re-vegetation, or o payment into the Native Vegetation Fund SEB determined by Native Vegetation Council policy and guidelines

Heritage Agreements Established under the Native Vegetation Act to assist landowners protect wildlife habitat and native vegetation on privately owned land Contract between landholder and the Minister for Environment and Conservation Heritage Agreements are binding on future landowners, designed to last in perpetuity More than 1400 agreements covering around 620, 000 hectares – less than 1 ha to 60,000 ha

Bushfire Guide to reduce the impact of bushfire- management planning focused on three zones: -Asset protection zone (APZ) -Buffer zone (BBZ) -Landscape zone (CLMZ) Native Vegetation Regulations exempt clearance Exemptions for bushfire management: - clearance around a dwellings: 20 metres (AS ) - clearance around a building: 5 metres (AS ) - fire tracks of varying size: GAFLC Guidelines - fuel reduction measures any area: subject to a management plan Native Vegetation Regulations Bushfires

Outcomes Planned, Simple, Local processes Greater linkages with revised bushfire planning processes Simplified applications Local decision making by SA CFS as Lead Agency The Act enables but does not require people to carry out these activities. Native Vegetation Regulations Bushfires

Native Vegetation, Bushfires, and Planning Policy Challenges