Broad benefits for protecting roadside vegetation • Functional Benefits Wind breaks / reduces impact of water run-off / excludes weeds and ecological functions (e.g. lowers water table) • Social Benefits Scenic to drivers / historical representation of vegetation / natural character and tourist appeal • Conservation Benefits Roadsides support populations of rare or threatened species/ important habitat for native fauna and important as a habitat corridor
Level 1. BASIC RVMP OR Level 2. Level 4. RVMP WITH VEGETATION HYBRID PLAN MAPPING Level 3. FORWARD PLANNING RVMP
Level 1. Level 2 BASIC RVMP RVMP WITH VEGETATION MAPPING • • Quick, inexpensive to More informative, and helps to protect important produce, outlines approval areas of native vegetation procedures. from accidental clearance. • Does not include vegetation • Vegetation survey survey; expensive, but can be • Limited information over partly funded by an NVC and above NVC Guidelines, grant. but still useful in other ways.
Level 3 Level 4 FORWARD PLANNING RVMP HYBRID PLAN • • Incorporates forward Uses parts of all three planning other levels. • • Action plan with priorities Councils can adapt the and timelines template to better suit their own needs. • Requires increased local • council commitment and Requires more local council input. input.
Section 2: Establishing a Plan Key Step Resources Format Checklist District Council Roadside Vegetation Management Plan
Additional Information Appendix Information on:- • Implementing Roadside Vegetation Surveys • Roadside Marker Schemes • Risk Assessment Guidelines Examples of:- • Roadside Vegetation Impact Approval Procedures • Job Environment Analysis Checklist • Incident Report Forms
Discussion / Questions Further information: Web: www.environment.sa.gov.au/nativevegetation E: nvc@sa.gov.au T: 8303 9777 or come have a chat today
Significant Environmental Benefit (SEB)
What is an SEB? • An improved conservation outcome = a biodiversity gain • Gains in the quality and/or quantity of native vegetation • A requirement under Section 29 of the Native Vegetation Act 1991 Diurus maculata
When Does an SEB Apply? • clearance of scattered paddock trees and degraded patches of native vegetation associated with agricultural development and changes in property management, and • clearance of native vegetation under the Native Vegetation Regulations 2003 , including for approved infrastructure, houses and mining operations.
How is a SEB Achieved? 1. Through on ground works or 2. Via payment into the Native Vegetation Fund
What is a SEB Offset? Compensation for clearance of native vegetation SEB requirement Payment SEB offset into NV fund On-ground NVC SEB works Grants On-ground works
Examples of SEB Offsets • On-ground SEB offsets Land with ongoing management plans Heritage Agreements • SEB Grant Projects
SEB Monitoring Program • Responsible for ensuring compliance with on-ground SEB offsets that are a legal requirement of native vegetation clearance • Once clearance has been approved AND the SEB offset has been agreed: A management plan is prepared, and if the SEB offsets is remnant it is managed if the SEB offset is revegetated, it is assessed • Officers inspect SEB offsets To check they are following Management Plans Using Bushland Rapid Assessment Technique (BushRAT) or Revegetation predictor table Against benchmarked (BCM) communities
Native Vegetation Incentives Program • NVC SEB Grants • NVC Research Grants • The Heritage Agreement (HA) Scheme • HA Grants • Financial Assistance for HA fencing • Roadside Survey Grants
NVC SEB Grants • Payments into Native Vegetation Fund arising from SEB offsets • NVC must use offset funds to achieve an SEB • Funding remains in the NRM Region where original clearance occurred.
Heritage Agreements • Contracts between the landholder and the Minister for Sustainability, Environment and Conservation to conserve the native vegetation on their property • Are in perpetuity. • Apply to conservation areas on private land that have high biodiversity. • Are held by private individual landholders, local councils, companies, organisations and societies across the state.
Eligible projects include: HA Grants weed control, mapping and/or identification; • Financial assistance of fox, rabbit or other feral animal up to $3000 annually to control; implement ecological repair of damaged areas (eg on-ground work projects previously cleared or eroded sites); that benefit the native mapping of native plants or native vegetation in Heritage vegetation communities; Agreement areas. native animal survey (permits • $3500 available for needed); management plans production of part or all of a management plan; local/minor trials of good conservation management techniques.
Financial Assistance for Fencing of Heritage Agreements
NVC Research Grants • Funding of up to $20,000 is available for research into the conservation, restoration and management of native vegetation. Need to: • inform and assist in the development of native vegetation policy by the NVC, and/or • lead to the improved management of native vegetation and/or conservation status of species or communities , and/or • result in specific recommendations aimed at improving some aspect of habitat or biodiversity conservation in South Australia.
NVC Roadside Survey Grants • Funding is available for roadside projects such as Roadside Markers and/or Roadside Vegetation Surveys • Roadside Vegetation Survey Grants are available to Local Councils and community groups that are associated with Local Councils
NVC Funding for Managing Roadside Vegetation $55,000 additional funding Aimed at gaining a better understanding of the extent of roadside native vegetation and how it can be best managed Open only to councils LGA website http://www.lga.sa.gov.au/site/page.cfm?c=28084 Applications close 19 April 2013
THANK YOU Any questions?
Non-exempt Activities • Where the physical structure is the hazard and the native vegetation is incidental for example: • Embankments • Road widening • Intersection realignment/modification • Retrospective upgrade works • Clearance of frangible native vegetation (other than for Category 1 clearance) Regulation 5(1)(lb) - Clearance for Public Safety 61
Presentation Outline Unpack ‘ Framework for the Clearance of Native Vegetation under Regulation 5(1)(lb) Outline the circumstances where non- frangible native vegetation may be cleared Discuss the 3 Clearance Categories Outline where SEB is required 62
Regulation 5(1)(lb) - Clearance for Public Safety • Regulation 5(1)(lb) introduced September 2009 • Exempts clearance of native vegetation (whole trees) to protect public safety • No SEB required • Clearance approval required by NVC • Not a replacement for Regulation 5(1)(d) – Clearance for infrastructure 63
Process for Developing 5(1)(lb) Framework ‘ Framework for the Clearance of Native Vegetation under Regulation 5(1)(lb) – Public Safety for Rail Crossings, Road Intersections and Roadsides’ • Developed by Working Group (LGA, NCSSA, NVC, DPTI) • Strikes a balance between public safety and maintaining roadside biodiversity • Outlines where non-frangible* native vegetation may be cleared - (* plant species with a stem diameter (at maturity) of 100mm or greater) • NVC Endorsed Interim Framework - December 2010 • 12 month trial • Extensive feedback from LGA and members • Review of Interim Framework by Working Group Jan – Mar 2012 • NVC endorsed operational Framework – October 2012 • To date - 18 applications to clear have been approved 64
5(1)(lb) Considerations • Prior to an application, road authorities must consider : Would the road works proceed if the native vegetation was not present? • If yes, then the native vegetation is not the hazard rather it is incidental and is unlikely to be considered under Regulation 5(1)(lb) Non – exempt activities Intersection realignment/modification Road widening activities Retrospective upgrade works New road works 65
Three Clearance Categories Clearance may be considered under one of the following Categories: • Category 1: safe sight lines/triangles at road intersections, inside of curves and at rail crossings • Category 2: clearance widths adjacent to edge of travelled way • Category 3: clearance beyond Category 1 and 2 zones All Categories (1, 2 and 3) must consider NAMO principles and other safety improvement options first as opposed to clearance. All clearance proposals require prior written approval from NVC 66
Category 1 Category 1: Safe sight lines/triangles at road intersections, inside of curves and at rail crossings consistent with Austroads Guides • Selective clearance/trimming of non-frangible native vegetation • Clearance of frangible native vegetation ( understorey ) limited to a height that sustainably maintains the understorey and not cleared down to bare earth • No SEB required (SISD) Safe Intersection Sight Distance 67
Category 2 Category 2: Clearance widths adjacent to edge of travelled way ( non-frangible) • Sealed roads: Clearance width dependent on road speed design (kms/hr) • Unsealed roads: Clearance up to 2m either side of a defined travelled way capped at a total width including the travelled way itself of up to 12m • Designed for differing road widths • No SEB required for non frangible clearance Clearance of frangible native vegetation is not exempt = SEB required Sealed roads Unsealed Roads Road Speed Clearance Width Defined Travelled Way Total Clearance Width ≤80 km/hr 2 m 6m 6 + 2 +2 = 10m >80 km/hr 3 m 8m 8 + 2 +2 = 12m 10m 10 + 1 +1 = 12m 68
Category 2 - Sealed Roads Edge of travelled way Edge of seal 2m (≤ 80 km/hr) 2m (≤ 80 km/hr) 3m (>80 km/hr) 3m (>80 km/hr) 69
Category 2 - Unsealed Roads Capped at 12m Grader edge as specified in Edge of defined Councils travelled way Infrastructure Plans 2m 2m 70
Category 3 Category 3: clearance beyond Category 1 and 2 zones (non-frangible) • Greater vigour required in assessing the public safety risk • Applies only to safety treatments which result in clearing: < 6 scattered trees < 0.5ha of canopy area of non-frangible native vegetation • No SEB required if the clearance falls within the thresholds • If not then an SEB is required (5(1)(d) 71
Framework for the Clearance of Native Vegetation under Regulation 5(1)(lb) – Public Safety for Rail Crossings, Road Intersections and Roadsides October 2012 Can be downloaded from the DEWNR website at: http://www.environment.sa.gov.au/Conservation/Native _vegetation/Managing_native_vegetation/Public_safety 72
THANK YOU Any questions?
Compliance
2011/12 Adelaide SA Murray- Northern & South Kangaroo Eyre Alinytjara Total & Mt Darling Basin Yorke East Island Peninsula Wilurara 2011/12 Lofty Total roadside Ranges compliance Expiation 1 1 2 reports: 40 Written Caution 2 2 1 1 6 Exempt under Education letter 4 3 2 1 10 Regs: 11 NFA – Unable to 2 1 1 2 2 8 determine Compliance offender issues: 29 NFA – other 2 2 Other 1 1 Total 6 7 6 6 3 1 0 2012/13 to mid Adelaide SA Murray- Northern & South Kangaroo Eyre Alinytjara Total Feb 2013 & Mt Darling Basin Yorke East Island Peninsula Wilurara 2012/13 Lofty Ranges to mid Feb 2013 Enforcement 1 1 Total roadside Notice compliance Expiation & 1 1 reports: 25 Enforcement Notice Exempt under Written Caution Regs: 5 1 1 2 Education Letter 2 5 4 11 Compliance NFA – Unable to 2 1 3 issues: 20 determine offender Other 2 2 Total 4 8 6 0 0 2 0
Reporting Native Vegetation Clearance Try to determine the following: • Where – location, allotment/section & Hundred, GPS points • Who – landowner, contractor, corporate body • What – species, size/numbers, age – is it native? • Condition of vegetation cleared – mature, regrowth • When – is it ongoing, recent or old? • How – any equipment remaining, chained, rolled, burnt, etc. Photos are a valuable sources of information LGA page at: www.environment.sa.gov.au/nativevegetation (see Related Links)
Compliance Guidelines Guidelines that rate the significance of clearance • Extent/size • Habitat significance – health, maturity • Landscape context – proximity/location, shape • Reversibility – regeneration? • Intent • Compliance history
Compliance Options • Education/information letter • Formal written caution • Enforcement Notice (s31E) – stop work/make good (for minor clearances) • Expiation ($500) • Civil proceedings – Environmental Resources and Development (ERD) Court • Criminal prosecution – followed by Civil if successful
NV Compliance Steering Committee • The NVCSC is the decision making body that determines the compliance option for an unauthorised clearance rated moderate to serious • The NVCSC meets bimonthly and convenes in and out of session if urgent • Serious incidents are referred for further investigation
Offences There are 2 main offences under the Native Vegetation Act: • Clearance without consent • Breach of a condition of consent Maximum Penalty: • $2,500 per hectare; or $100,000 whichever is the greater or • the amount per hectare that the land has increased in value as a direct result of the clearance; or $2,500 whichever is greater
Civil Enforcement Proceedings • The NVC are required to initiate civil proceedings following a conviction or as a stand alone action • The proceedings are heard in the ERD Court • The purpose is to make good the breach of the unlawful clearance • Orders can include revegetation, payment into the NV Fund, SEB offset area and publication
Case Study 1 Adjacent Landowner clears roadside vegetation in excess of the Regulations • Excessive clearance for accessing property • Legal Advice that a 31e Enforcement Notice can be issued on an adjacent landowner to prevent further clearance • Council then has the ability to take separate action against the landowner
Case Study 2 Contractor clears roadside vegetation without NVC approval • Clearance of road side vegetation for a slip lane • Civil Proceedings resulted in a payment into the NVC Fund
Regulations Common Regulations that may apply to roadside clearance • Clearance for fence lines • Pest Control - animal and plant
Compliance and Monitoring Team Contacts • Native Vegetation & Biodiversity Management Unit: 08 8303 9777 • Compliance and Monitoring Team E-mail: NVcompliance@sa.gov.au • Fax: 8303 9780 • Postal Address: GPO Box 1047, ADELAIDE SA 5001
THANK YOU Any questions?
Overview of Native Vegetation Fire Regulations for Council Managed Land
Native Vegetation Council (NVC) Fire Committee The NVC has delegated certain functions to Committees. Administration of fire related matters are dealt with by the NVC Fire Committee. Membership consist of: • NVC Member (chair), • SA CFS Member and • LGA Member. Clearance definition under the Native Vegetation Act includes any activity that might damage or destroy native vegetation - includes burning.
The NV Regulations for Fire Prevention • Define circumstances, where native vegetation may be cleared . • Contain mechanisms to allow reasonable, necessary clearance. • Regulation 5(1)(K) and 5A provide provision for bushfire protection works.
If Clearance of Native Vegetation is not Exempt • Landowner will need to lodge an application to the NVC. • For advice contact the Native Vegetation & Biodiversity Management Unit (NV&BMU)or visit the DEWNR website at: http://www.environment.sa.gov .au/nativevegetation
If Clearance of Native Vegetation is not for Bushfire Prevention Works may best fit under the one of the following Regulations: • 5(1)(y) Management of Roadside Vegetation or • 5(1) (d) (new or infrastructure upgrades, includes widening or new roads), • 5(1)(lb) (public safety -roads, railway)
Bushfire Management Changes Amendments to Fire Regulations in September 2009 resulted in: • A new Regulations 5A Clearance for Fire Prevention and Control and amended Regulation 5(1)(k) Clearance around a prescribed building or structure . • SA CFS being recognised as the lead agency and authority on providing advice for life and asset protection and adoption of cross agency process. • The Guide ‘ Managing Native Vegetation to Reduce the Impact of Bushfire’ was developed for landowners. • The State Bushfire Coordination Committee (SBCC) approves Regional Bushfire Management / Area Plans. • The newly established Ecological Technical Reference Group (ETRG) to provide advice on environmental matters as requested by the SBCC. • NVC Fire Committee still endorse fire management plans (FMP) with a biodiversity focus, i.e. Regional DEWNR FMP’s, SA Water Reserve FMP’s, HA FMP’s & other property FMP’s.
Summary of Fire Regulations Applicable To Council Managed Lands Roadside vegetation is a valuable asset providing amenity benefits, habitat corridors and resources for native wildlife. Managing roadside vegetation to reduce the impact of bushfire involves careful planning across the landscape.
All Lands Bushfire Emergency Provision - Regulation 5A Clearance is in accordance with the direction of an officer of the: • SAMFS (section 42 Fire and Emergency Services Act 2005 ( FES Act)) • SA CFS (section 82 or 97 FES Act) • SES (section 118 FES Act) • a responsible officer (section 83 FES Act), or • with the written approval of the Chief Officer SA CFS
Reducing Fuel Loads by Modifying or Clearing Native Vegetation – Reg 5A In accordance with: ● a Bushfire Management Plan (BMP) (or BMP Area Plan (BMAP)) (applicable to road reserve land) or ● an application to the SA Regional CFS Prevention Officer ● an NVC endorsed standard operating procedure (SOP) prepared for: — NPWSA Lands, or — on land declared by the Minister and listed in Gov. Gazette (such as ForestrySA and SA Water land).
Fuel Break Bushfire Management Plan /Area Plan Clearance of a fuel break on a road is the most appropriate mechanism reserve ( Fire and Emergency Services Act 2005 )
Fuel Breaks Regulation 5A – other than Road Reserve • 5m fuel break along a fence line (provided there are no cleared areas within 200m or is specified in a approved bushfire management plan (BMP)). • 7.5m fuel break in gazetted mallee regions can be constructed on a boundary fence line owned by different people (same criteria as above).
Wide Fuel Breaks Reg 5A Fuel break up to 20m on a primary production property located within a rural council area: • provided there are no cleared areas within 200m, and • unless specified in an approved bushfire management plan (BMP)) requires written approval of CFS RPO’s i.e. via an application. Wide fuel breaks - specified within a strategically planned Bushfire Management /Area Plan.
Fire Access Clearance needs to: Track • align with GAFLC Guidelines and All Lands • either be included in a Bushfire Management Plan or equivalent (reserves or roadsides), or • with written approval of CFS RPO’s i.e. via an application.
Bushfire Mitigation Works within Asset Protection Zones Reg 5(1)(K) enables clearance : • Around a prescribed building of 20m. • Around a prescribed structure of 5m. • Approval of additional clearance (Reg 5A) by application to CFS RPO (approval depends on fuel type and slope). Seek Advice on: • NVC approval required for clearance on Heritage Agreement Land. • Large River Red Gum and River Box trees within the 1956 River Murray Flood Plain zone – NVC approval. • Regulated and Significant Tree Legislation - applies to Adelaide Hills and parts of Mount Barker Council areas.
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