native vegetation regulations 2016 - environment.sa.gov.au€¦ · • two reports released early...
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Native Vegetation Regulations
2016
• Two reports released early in the process:
1. to test the intent of the current Regulations.2. two proposals: with or without a risk assessment.
• Crafted the new Regulations - ongoing consultation throughout
• Conduct public consultation: 4th July-15th August, then:
• Modify draft Regulations if required
• Seek approval from Cabinet and to ‘make’ the Regulations
• Update underpinning Guidelines, info sheets, tools (aim to have online tool developed)
• Implement the new 2016 Regulations and monitor closely for 12 months to ensure that desired outcomes are achieved
1st
report
Regulation Review Process
Regs‘made’
Regs drafted
2nd
reportConsult6 weeks
May 2016
Mar 2015
1yrtrial
Aug
2016
Dec 2016
Oct 2014
……..
We were spending a lot of time on paperwork
* Data from 5 years 2010-2014; excludes mining applications
• Vegetation within 10 metres of an existing building
• Maintenance of infrastructure• Maintenance of a dam• Clearance under Electricity Act
1996 or Emergency Management Act 2004
• Ongoing grazing practices• Safety of person and property• Vehicle tracks less than 5 metres
wide
• Aboriginal cultural activities• Fence construction or
maintenance• Regrowth• Firewood• Plant and animal control• Native vegetation causing
management problems• Taking seeds and specimens• Cultana Training Area
1. Permitted clearance
Self-assessment: no application or approval required by the Native vegetation Council. No SEB (offset) required.
APPROVAL PATHWAYS1. Permitted clearance 2. Fire hazard reduction 3. Vegetation management 4. Risk assessment
2. Fire hazard reduction
Self-assessment OR in accordance with written approval of the Chief Officer of SACFS (or delegate), and supported by the applicable bushfire management plan.
No SEB (offset) required.
• Within 20 metres of a dwelling (self-assessment)• Establish or maintain a fuel break on an existing fence-line (self-
assessment)• Authorised by a bushfire management plan• For the Fire and Emergency Services Act 2005• Fuel reduction• Fuel breaks• Establishing or maintaining fire access tracks
APPROVAL PATHWAYS1. Permitted clearance 2. Fire hazard reduction 3. Vegetation management 4. Risk assessment
3. Vegetation management
Activities that require a management plan approved by the Native Vegetation Council, or are undertaken in accordance with Guidelines (as per s25 of the NV Act).
No Significant Environmental Benefit (offset) required.
• Roadside or rail corridor vegetation management
• Maintaining existing agriculture, forestry or farming practices
• Ecological restoration or management
• Changes to stock grazing regimes
APPROVAL PATHWAYS1. Permitted clearance 2. Fire hazard reduction 3. Vegetation management 4. Risk assessment
4. Risk assessment
The risk is assessed according to the likely level of impact on biodiversity conservation (likelihood of impact based on risk criteria).
Also, added ‘minor clearance’ as an activity.
A SEB is required relative to the level of risk (impact) posed.
Four Parts:
Major Developments and projects Mining and petroleum activities Exploration activities Other activities
APPROVAL PATHWAYS1. Permitted clearance 2. Fire hazard reduction 3. Vegetation management 4. Risk assessment
4. Risk assessment
Major Developments and projects• As per s48 of the Development Act 1993
• The required public environmental impact report is provided to the NVC for comment, but not power of direction.
• The NVC signs off on SEB requirements, and risk assessment is applied to determine the appropriate level of SEB.
The Approval Pathways and activities:
4. Risk assessment
Mining and petroleum activities• Approval process delegated to DSD in
accordance with Guidelines for SEB for Mining and Petroleum Industry.
• Vegetation clearance assessment and SEB requirements are included in the relevant plans:o Program for Environmental Protection and
Rehabilitation plan-PEPR (for mining).o Statement of Environmental Objectives-SOE
(for petroleum).
The Approval Pathways and activities:
4. Risk assessment
Exploration activities
• as per relevant Acts listed in Regulations, exploration is self-assessed.
• SEB only apply when there is potential for significant impacts. Note: this is not currently defined adequately and not applied.
The Approval Pathways and activities:
4. Risk assessment
Other activities• Works on behalf of Commissioner of Highways. • New dwelling or building• Infrastructure construction or expansion• Residential subdivision• Regrowth greater than 5 years old• Recreation track• Vehicle access track greater than 5m• New dam and expansion of existing dam• Minor clearance
APPROVAL PATHWAYS1. Permitted clearance 2. Fire hazard reduction 3. Vegetation management 4. Risk assessment
4. Risk assessmentIs it ‘Minor Clearance’?
• Defined by patch area OR number of trees (of certain diameter)• desktop assessment
…..if proposal not deemed a ‘Minor Clearance’ activity then risk criteria are applied, based on:
Patch area OR number of trees (of certain diameter) Presence of threatened species/communities assessed
• A site visit is undertaken & simplified assessment undertaken
…..if the level of impact is deemed greater than low risk then the siteassessment is escalated to a full assessment.
APPROVAL PATHWAYS1. Permitted clearance 2. Fire hazard reduction 3. Vegetation management 4. Risk assessment
• Formal consultation will occur for a period of six (6) weeks commencing Monday 4 July – Monday 15 August 2016.
• We will be presenting information to all major stakeholders.• Information on the YourSay website.
• For more information contact:• Jody Gates [email protected]• Visit http://yoursay.sa.gov.au/ or
http://www.environment.sa.gov.au/managing-natural-resources/native-vegetation/reforms-under-way
Next Steps:
Thanks