Native Vegetation Third Party

& Credit SEB Kit Information on the Native Vegetation Third Party and Credit SEB Market | September 2017

In South Australia, there are instances where native

vegetation clearance is required to produce a

Significant Environmental Benefit (SEB) offset, an area

of land managed for conservation. This will result in

an environmental gain over and above the damage

being done through the clearance activity.

Third Party Providers can establish and deliver an SEB

on behalf of a proponent to meet a condition of their

clearance, or to establish and deliver an SEB on behalf

of anyone else.

Third Party Providers provide the Native Vegetation

Council (NVC) greater certainty that the SEB areas will

be delivered by experienced and capable land

managers.

The Native Vegetation (Credit for Environmental

Benefit) Regulations 2015 provide the mechanisms for

Third Party and Credit SEBs to occur.

Purpose of this Kit

Organisations or individuals with the right skills and

experience are encouraged to submit an application

to the NVC to become accredited as a Third Party

Provider.

For potential Third Party Providers, this Kit contains:

information about becoming Accredited

Application for Accreditation as a Third Party

Provider and to Establish a Third Party SEB

Area

As part of the rollout of SEB Credit and Third Party SEB

Areas, landowners are encouraged to submit

information on potential SEB Areas that can be

entered on the Native Vegetation Credit Register.

The SEB Credit (and the ongoing management of the

SEB Area) will exist on the Credit Register for clearance

proponents to consider purchasing.

For landholders with potential Credit SEB Areas, this

Kit contains:

information on how to establish a Credit SEB

Area

Template to register a potential SEB Credit or

Third Party SEB Area

Achieving an SEB

There are several options by which a clearance

proponent can achieve an SEB requirement (see figure

1):

1) Establish a new SEB Area on land they own or

on land under their care and control;

2) Apply to use SEB Credit that they have

previously established;

3) Apply to have SEB Credit assigned from

another person or body;

4) Engage an Accredited Third Party Provider to

find and deliver an SEB on their behalf; or

5) Pay into the Native Vegetation Fund, only

where the achievement of an on-ground SEB

is not possible.

This Kit provides information relating to options 2, 3

and 4 which allow Third Party Providers and

landowners with SEB Credit to work directly with

individuals, companies and other agencies that need

to offset their approved clearance activities. Refer to

Figure 1 at the end of this Kit which explains these

options in more detail.

Role and responsibilities of an Accredited Third

Party Provider

The role of an Accredited Third Party Provider is to

commit to the long-term responsibility of establishing,

delivering and managing SEB Areas.

Third Party Providers:

will have access to existing SEB sites or be

able to acquire a site on behalf of another

person

will be responsible for the ongoing

management of an SEB Area. The Accredited

Third Party Provider is required to enter into a

Management Agreement with the Minister for

Sustainability, Environment and Conservation

as part of the approval process of an SEB Area

can play a facilitative role (Broker), acting on

behalf of a landholder or developing contracts

and agreements with third parties, rather than

actively managing an SEB site

To understand the full responsibilities of delivering an

SEB, see the following resources developed by the

NVC:

Policy for a Significant Environmental Benefit

Guide for Calculating a Significant

Environmental Benefit

Bushland Assessment Method

Rangeland Assessment Method

NVC Accredited Consultants

How do I become an Accredited Third Party

Provider?

To become accredited, you must fill in the Application

Form and submit it with the prescribed fee.

To be eligible, you must be able to demonstrate your

experience in native vegetation management or

biodiversity conservation projects. You will also need

to include the status of any existing and potential SEB

areas that might be available for you to manage.

The NVC will assess your application and may impose

conditions on your accreditation.

Once accredited, you will be placed on the Native

Vegetation Credit Register, along with details of any

existing or potential SEB sites on the DEWNR website

for clearance proponents to contact you directly.

The NVC, at any time, can deregister an Accredited

Third Party Provider if it becomes clear that Third Party

obligations are not being met.

How do I achieve an SEB Area as a Third Party

Provider?

If a clearance proponent chooses to have their SEB

offset delivered by an Accredited Third Party Provider,

the Third Party Provider must make an application to

the NVC to establish a Third Party SEB Area.

In selecting an SEB Area to offset a clearance activity,

it must meet several requirements. For example, the

vegetation to be protected and managed must be of

the same vegetation type as that being cleared. This

is detailed in the SEB Policy.

The NVC will also require an Accredited Consultant to

carry out a vegetation assessment of the SEB Area.

The Accredited Consultant must do this in accordance

with the NVC’s vegetation assessment methodology

and SEB Guide. The Accredited Consultant must be

engaged independently of the Accredited Third Party

Provider for any vegetation assessment of the SEB

Area.

The SEB Management Plan (prepared by the

Accredited Consultant or Third Party Provider) will be

submitted by the Accredited Third Party Provider with

the Application Form to Establish a Third Party SEB

Area to the NVC for a decision.

The SEB will be secured by the Accredited Third Party

Provider entering into a Management Agreement with

the Minister, and the SEB will be registered on the

Property Title.

For information on roles and responsibilities of NVC

Accredited Consultants, Accredited Third Party

Providers and Brokers, see Figure 3, at the end of this

Kit.

How do I establish SEB Credit?

SEB Credit can be achieved in two ways by:

establishing an SEB Area that is either greater

than required as a condition of clearance

consent, or

establishing an SEB Area for the purpose of

managing and protecting it into the future.

As a landowner, if you have a potential SEB Area, you

have two options to establish it as a Credit SEB Area:

Fill in the Template to register the area as a

potential SEB Credit Area. Upon review by the

NVC, this information can be placed on the

Native Vegetation Credit Register as a

potential SEB Credit Area; or

You can engage an NVC Accredited

Consultant to undertake a vegetation

assessment of your potential SEB Credit Area

and have it approved by the NVC as actual

SEB Credit.

Refer to Figure 2 for a more detailed look at the

process to register a Credit SEB Area. The vegetation

assessment and SEB Management Plan is required to

be undertaken to formally establish and assign SEB

Credit to another person or body. If the assessment is

undertaken initially, the Native Vegetation Credit

Register will contain more detailed information gained

from that assessment, providing a proponent looking

for an SEB, with more security over the actual amount

of SEB Credit points available from the Area.

Credit Register

Details of Third Party Providers are placed on a

publicly available list – the Native Vegetation Credit

Register which will be found on the DEWNR website.

The Credit Register will include information on the

Third Party Provider including:

contact details;

date of accreditation;

Natural Resources Management (NRM)

region;

potential SEB Areas; and

established SEB Areas (with a link to the NVC

approved SEB Management Plan)

The Credit Register will also contain information of

landowners with potential and established SEB Credit

Areas for proponents to contact them directly.

When a clearance proponent, or other person or body

wishes to purchase SEB Credit on the Credit Register,

the Credit Holder must submit (or authorize) an

Application to Establish and Assign SEB Credit to the

NVC for approval.

As part of the approval process, the NVC will require

the SEB to be secured by entering into a Management

Agreement over the SEB Area. This Agreement will be

entered into by the Landowner (if they intend on

actively managing the SEB Area into the future) or the

Accredited Third Party Provider with the Minister for

Sustainability, Environment and Conservation.

The Landowner (credit holder) or Accredited Third

Party Provider retains all responsibility and liability for

managing and protecting the SEB Area as required (in

accordance with the SEB Management Plan and

Management Agreement).

Credit and Third Party Provider Brokerage

Some landowners may not want to be directly

involved in the transaction or negotiation with

clearance proponents. These landowners can use a

broker.

The Credit Register will identify Accredited Third Party

Providers who are prepared to act in a brokerage role.

They can assist landholders to arrange assessment of

the vegetation, establish SEB Credit, develop the SEB

Management Plan, and develop contractual

agreements with a clearance proponent.

Any agreement between the landowner (Credit

Holder) and the Accredited Third Party Provider are to

be determined by those involved, and when required,

provided to the NVC as proof of a transaction.

Stages of implementation

Implementation of the Native Vegetation Third Party

and Credit SEB Market in South Australia will be

undertaken by:

the Accreditation of Third Party Providers and

registration of potential Third Party SEB Areas

registration of potential SEB Credit Areas

implementation of the Native Vegetation

Credit Register on the DEWNR website

The Credit Register will be made public during late

2017 based on information submitted from Third

Party Provider applications and potential SEB Credit

Area information.

How to become an Accredited Third Party Provider

Send your completed Application Form for

Accreditation as a Third Party Provider or Template to

Register a Potential SEB Credit or Third Party SEB

Area (found at the end of this Kit) to:

Native Vegetation Branch

Department of Environment, Water and Natural

Resources

GPO Box 1047

Adelaide SA 5001

Email: nvc@sa.gov.au

For more information from the Native Vegetation

Branch you can contact Fiona Galbraith, Coordinator

Governance and Policy on 8207 7739 or Adam Schutz,

Coordinator Assessments and Stakeholder Liaison on

8207 7713.

For more information Native Vegetation Branch

Department of Environment,

Water and Natural Resources

T (08) 8303 9777

E nvc@sa.gov.au

www.environment.sa.gov.au/nativevegetation

Ask the NVC: Third Party & Credit SEB MarketQ: If I am an NVC Accredited Consultant, can I find

potential SEB Credit Areas, and assess them?

A: Anyone can find potential SEB Areas, and with the

agreement of the landowner, register the area as a

potential SEB Credit Area.

If you intend on managing an SEB Area, you will need

to be accredited as a Third Party Provider. Becoming

an Accredited Third Party Provider allows you also to

register in becoming a Broker. Your details as a

broker will then be placed on the Native Vegetation

Credit Register.

As a Broker, if you are also an NVC Accredited

Consultant, you can undertake the vegetation

assessment and develop the associated SEB

Management Plan for the SEB Area, but you cannot

manage the SEB Area into the future.

Q: I am an Accredited Consultant, can I undertake

a vegetation assessment over an area of land that I

will be managing into the future as a Third Party

Provider?

A: No, the NVC’s SEB Policy does not permit an

Accredited Third Party Provider to undertake a

vegetation assessment of an SEB Area they intend on

managing into the future. The vegetation assessment

must be undertaken by an NVC Accredited Consultant

independent of the Third Party Provider.

When the SEB Area is subject to its 5 and 10-yearly

vegetation assessment for reporting to the NVC, an

independent Accredited Consultant is required to

undertake these assessments.

Q: What’s the difference between an Accredited

Third Party Provider and an Accredited

Consultant?

A: An Accredited Third Party Provider is an individual

or organisation capable of establishing and managing

an SEB Area on behalf of a clearance proponent.

An Accredited Consultant is a consultant who has

undertaken the necessary training run by the Native

Vegetation Branch in order to undertake native

vegetation clearance and SEB assessments under the

NVC’s policies, guides and manuals.

You can be both, but need to be aware of the

restrictions in relation to undertaking vegetation

assessments.

Q: Can NRM regions be Accredited Third Party

Providers?

A: NRM regions, local councils, or any organization or

individual can become an Accredited Third Party

Provider as long as you can meet the eligibility criteria

in the Application Form to become an Accredited Third

Party Provider.

Q: As a landowner, with native vegetation that I

would like to protect, how can I turn it into an SEB

Credit Area?

A: Landowners will be able to register potential SEB

Credit Areas to appear on the Native Vegetation

Credit Register. You will need to fill out the Template

to register potential Credit or Third Party SEB Areas and

send it in to the NVC.

Your local regional NRM office, a third party, broker or

anyone with the necessary skills and experience can

help you in providing the required information.

Q: How do I tell if an area of land is worth

protecting as an SEB Area?

A: Areas of land that have a high likelihood to

improve in condition will be the most valuable SEB

Areas. The Template to register a potential SEB Credit

or Third Party SEB Area contains the criteria that the

NVC will review to determine whether the potential

SEB Area is appropriate for the Credit Register. All SEB

Areas must be developed in accordance with the SEB

Policy and SEB Guide.

Q: What will the Credit Register look like and

when will the Credit Register be available?

A: The Credit Register will contain contact details of

Third Party Providers, Brokers, and associated

locations and potential SEB Areas. It will also contain

detailed information on established SEB Credit Areas,

which will include SEB points available and links to any

SEB Management Plan developed.

Each time SEB Credit is purchased, the Credit Register

will be updated by reducing the SEB points available

for a particular SEB Credit Area.

The Credit Register will also be updated with SEB

Management Plans as they become endorsed by the

NVC for SEB Credit Areas.

It is the responsibility of the clearance proponent to

determine if the SEB Credit Area is suitable to offset

their clearance in relation to the requirements of the

NVC’s SEB Policy. The Credit Register will be available

on the Native Vegetation Website in late 2017.

Q: What does a Management Agreement involve?

A: A Management Agreement is an agreement

between the landowner or Third Party responsible for

the management of the SEB Area and the Minister.

The Management Agreement stipulates the required

management of the SEB Area, and the ongoing

monitoring requirements that protect the Area into

the future.

The NVC requires a Management Agreement in order

to secure a Third Party or Credit SEB Area.

Q: As a Third Party Provider, if I am not the owner

of the land, can I establish an SEB Area on it?

A: Yes you can – the Third Party Provider needs to

establish a contractual agreement with the landowner

if an SEB is being established on someone else’s land.

All responsibilities are of the Third Party Provider to

deliver the SEB. Once approved, the SEB will be

registered on the property title.

Q: Does the NVC approve financial transfers

between Accredited Third Party Providers and

landowners where a Credit SEB Area is to be

established?

A: No, the NVC will approve the SEB Management

Plan; and the Management Agreement secures the

SEB. The Third Party Provider is responsible for SEB

management, monitoring and compliance on an

ongoing basis. A broker can assist in developing

agreements between a landowner and a Third Party

Provider.

The NVC will however, require proof that a contractual

arrangement has been entered into, at the time of

approving the SEB.

Q: What guidance exists in relation to cost

associated with buying a credit site, or paying a

Third Party Provider?

A: Payment to a Third Party should reflect the actual

cost of undertaking the management of the SEB Area

and may differ from the other options available to

deliver an SEB, such as paying into the Native

Vegetation Fund or delivering the SEB yourself.

As part of the SEB Management Planning process, an

NVC Accredited Consultant should be able to provide

you with a recommendation on the most suitable

option for you and associated costings. For more

information on land management costs you can view

the NRM Price Guide or you can seek advice from

your local NRM regional office.

Q: I have existing SEB Credit, can I sell it?

A: The Credit Register will contain information from

SEB Areas assessed under the NVC’s Guide for

Calculating a Significant Environmental Benefit 2017

and the associated Bushland or Rangeland

Assessment Method 2017.

If the SEB Credit has been recognized under the

previous native vegetation system (pre-July 2017), due

to the change in NVC SEB policy, SEB calculations and

vegetation assessment methods, the NVC will require

a new assessment of the SEB Credit Area to be

undertaken by an NVC Accredited Consultant (subject

to evidence of the successful implementation of the

SEB Management Plan).

Q: How long will my SEB Credit Area sit on the

Credit Register for?

A: The NVC cannot guarantee that SEB Credit will be

purchased from the Credit Register. It is dependent

on demand for SEB Areas and also how closely the

specific impacts of the clearance resemble the values

that are being replaced in the SEB Area.

Q: Where will there likely be demand for SEB

Areas in the future?

A: Demand for SEB Areas depends on the amount

and location of native vegetation clearance that

requires offsetting. Some useful resources are Nature

Maps which contains approved clearance layers; the

NVC Annual Report which contains historical clearance

data; as well as government and non-government

agencies that undertake regular clearance activities.

Figure 1. Options to achieve a Significant Environmental Benefit (SEB).

Figure 2: Establishing an SEB Credit Area or a Third Party SEB.

Figure 3. Roles and Responsibilities of NVC Accredited Consultants, Third Party Providers and Brokers.

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