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Improvements to the native vegetation framework

In October 2006 the Minister for Natural Resources announced changes to the Native Vegetation Act 2003 on:

Invasive Native Scrub changes
PVPs to run with the land
Land and Soil Capability Tool
BioMetric Tool and Threatened Species Tool – data reviews
PVP Developer Software Upgrade
Local Government Infrastructure

The changes are based on recommendations from the independent Ministerial Review Committee (MRC), made up of key stakeholders. The MRC report is available here.

Invasive Native Scrub Changes

In November 2006, the NSW Government amended the Native Vegetation Regulation 2005 to improve the assessment processes and definitions that relate to Invasive Native Scrub (INS). All new PVPs and variations to existing PVPs are now assessed under these revised provisions.

Unless INS is regrowth, or it can be cleared via a routine agricultural management activity (RAMA), farmers are required to obtain a PVP to treat INS on their property.

The amendments resulted from a review of the INS tool by a working group chaired by the independent scientist Dr Denis Saunders.  The review considered the concerns of farmers and CMAs that the original assessment processes were too prescriptive and prevented effective management of INS.

The amended Environmental Outcomes Assessment Methodology for the INS tool:

• Includes additional INS species
• Removes the need for involvement of an Accredited Expert
• Allows CMAs to vary Stem Diameter Thresholds
• Provides greater flexibility for the retention of  small INS plants
• Permits the use of Lucerne to stabilise soils
• Provides for increased Cropping Rotations
• Allows some flexibility to treat INS in Threatened Ecological Communities

The working group also recommended providing incentive funding for treating INS, and training and communication about INS management.

For more information on INS PVPs see the Public Register

Details of the INS changes can be found in the revised Info Sheet 9 – Managing invasive native scrub.  

The Practical Benefits of the INS changes:

• Increased number of species can be treated as INS.
• Farmers can choose to retain vegetation in clumps rather than spread across the paddock.
• Increased flexibility in regard to stem retention diameter thresholds - CMAs can vary the INS stem diameter thresholds for farmers by +/- 5cm.
• Farmers can now crop more often to treat INS - 3 times in 15 years.
• Farmers can obtain incentives from CMAs to treat INS.
• The improved system prevents soil erosion and land degradation, as INS PVPs must still meet the 'improve or maintain' environmental outcomes test.

PVPs Run with the Land

The NSW Government will amend the Native Vegetation Act 2003 to confirm that PVPs 'run with the land' without the need for registration on land title. The amendment will apply to all existing and future PVPs. PVPs that run with the land are binding on future owners.

Registration on title is a cumbersome and lengthy process costing at least $150, and possibly involving mortgagees and consultant surveyors. The costs may be charged to the landholder. Registration on title is handled by the Department of Lands.

At this stage, no PVPs have been registered on title.

The Practical Benefits of the amendment:

• Cuts red tape for farmers, CMAs and Dept of Lands.
• Avoids lengthy and complex administrative registration process and costs.
• Allows farmers to sell land with approved PVPs - similar to obtaining a development approval then selling the land before the development begins.
• Provides certainty for future owners.
• Provides certainty to the public that future owners are bound by any offset requirements.
• Ensures the ongoing management of native vegetation by future owners.

Land and Soil Capability Tool

The NSW Government will continue to work with stakeholders to amend the Environmental Outcomes Assessment Methodology  with a review of the management actions required to pass the 'improve or maintain test' for land degradation. Currently the Land and Soil Capability (LSC) Tool has broad management actions that cover most situations. The need for refinement to allow greater flexibility for the range of land uses and management actions has been identified.

Practical Benefits of LSC Tool Management Actions review could include:

• More options to meet the 'improve or maintain test' where there is a risk of land degradation.
• Management actions to meet the 'improve or maintain' test could be tailored to better suit different industries.
• Management details negotiated on site by CMA officers will be more effective for that location.

Biometric Tool and Threatened Species Tool – Data Reviews

The NSW Government is updating a number of the datasets that underpin the BioMetric and Threatened Species Tools within the PVP Developer. The revised data will apply to future PVPs and variations to existing PVPs.

The data reviews are part of the NSW Government's commitment to improving the scientific information that underpins the Tools within the PVP Developer as new information becomes available. The data reviews cover:

• Updated vegetation types.
• Updated vegetation benchmarks.
• 14 Updated threatened species offset requirements.

The Practical Benefits of the data reviews:

• Improved accuracy of biodiversity and threatened species assessment in the PVP Developer.
• Farmers and the public can access the latest scientific information on vegetation types, benchmarks and threatened species used in PVP assessments.
• Review of the 14 priority threatened species that were causing high offsets requirements and 'red lights' for some PVPs.
• Farmers and CMAs can use the new data immediately in their negotiations - via the provisions for better local data.

PVP Developer Software Upgrade

The NSW Government will upgrade the PVP Developer software and administration system.

The upgrade will rebuild and merge the PVP Developer and PAMS systems to provide a single system based on the latest software. There will be no change to the ability of CMAs to use their discretion and judgement in the assessment of PVPs as a result of this software change.

The upgrade is expected to be completed in the second half of 2007.

The practical benefits of the PVP Developer software upgrade:

• Faster PVP assessment using improved and quicker software.
• Streamlined assessment using integrated tools.
• Farmer will receive automatic reports on their PVP in the case of 'red lights'.

Local Government Infrastructure

In February 2007 the NSW Government amended the Native Vegetation Regulation 2005 to provide a RAMA for essential local government infrastructure. The Local Government Infrastructure RAMA covers sewage treatment works, waste disposal landfill operations (rubbish tips), waste management facilities (including recycling depots and transfer stations), water supply works, gravel pits, and cemeteries.

The RAMA allows clearing of 2 hectares or less of native vegetation, provided that the vegetation does not comprise: a threatened species or threatened ecological community under the Threatened Species Conservation Act 1995; habitat of threatened species, populations or ecological communities of fish; or an over-cleared vegetation type. Larger areas of clearing will still require a PVP.

Special exemptions are available for sites identified or purchased for the infrastructure on or before 31 August 2006.

Consultation is required between councils and CMAs regarding site selection, sensitive native vegetation and any managed area that a council may wish to protect. Details of clearing will be provided on the Public Register.

Practical Benefits of Local Government Infrastructure RAMA

• Essential infrastructure on already purchased sites can proceed quickly without a clearing PVP.
• Better location of new local government infrastructure that avoids sensitive native vegetation.
• Streamlined and faster approvals for essential services to rural communities.
• Native vegetation of high conservation value will be protected.
• Councils are encouraged to identify managed areas when clearing native vegetation.
• Improved environmental outcomes where managed areas are protected as part of the development.