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Native vegetation are those plants that would have grown naturally in Victoria before European arrival including trees, shrubs, herbs and grasses. It does not include plants that originate from other parts of Australia or from other countries.
Victoria has a wide rangeof vegetation types described in terms of ecological vegetation classes. It is estimated that private land supports 30 per cent of the important locations for threatened species with 60 per cent of native vegetation types on private land currently threatened with extinction.
To view the different ecological vegetation classes go to the Department of Sustainability and Environment website page at www.dse.vic.gov.au
Victoria’s native vegetation is protected by law and various offences apply to actions concerning native plants. Uncontrolled clearing of native vegetation in Victoria is now a thing of the past. A brief overview of these different laws is provided in this section.
It is sensible to check with your local council and/or the DepartmentofSustainability and Environment(call 136 186) before starting any work that could impact native vegetation.
For greater detail on native vegetation than provided on this page, visit the native vegetation web pages of The Department of Sustainability and Environment website at www.dse.vic.gov.au.
For specific information on revegetation, shelterbelts, indigenous plants, native vegetation, seed collection and willows, visit the Department of Primary Industries’ website at www.dpi.vic.gov.au
The laws for native vegetation conservation and management in Victoria are contained in the Flora and Fauna Guarantee Act 1988 (the FFG Act), the Planning and Environment Act 1987 (the PE Act) and the Catchment and Land Protection Act 1994 (the CLP Act). You may be required to obtain a permit under one or more of these Acts if you plan on clearing native vegetation.
A brief overview of native vegetation permit requirements and offences under each of these Acts is set out below.
Flora and Fauna Guarantee Act The FFG Act is the key piece of legislation in Victoria for the conservation of threatened species and communities. The FFG Act lists species of ‘protected’ flora and provides conservation and control measures for the management of potentially threatening processes.
Protected flora are native plants or communities of native plants that have legal protection under the FFG Act.
The protected flora list includes plants that are:
- listed as threatened under the FFG Act, or belong to communities that are listed as threatened under the FFG Act; or
- are not threatened but require protection.
Native plants and communities of native plants listed as threatened in the FFG Act automatically become part of the protected flora list. Other species, such as orchids, may not be threatened but are included on the protected flora list because they are highly sought after and their removal from the wild must be controlled.
Plants and plant communities can be added to the protected flora list by the Minister on the advice of the Scientific Advisory Committee by an order of the Governor in Council.
View the current protected flora list at www.dse.vic.gov.au .
It is an offence under the FFG Act to take, trade in, keep, move or process protected flora without a licence or a permit. Penalties apply. This protection applies to plant material that is living (for example, flowers, seeds, shoots and roots) and non-living (for example, bark, leaves and other litter).
A Protected Flora Licence or Permit will be required to collect protected native plants or if you plan to carry out works or other activities on public land which might kill, injure or disturb protected native plants. It is an offence under the FFG Act not to comply with the terms of a licence or permit, and penalties will apply.
Although a licence or permit is not usually required for works or activities on private land,a planning permit from your local council may be required (see Planning and Environment Act below). It is sensible to check with the Department of Sustainability and Environment (DSE) whether a permit will be required before undertaking any activity.
For further information on whether a licence/permit will be required for your activity and to obtain application forms contact the DSE on 136 186.
your activity and to obtain application forms contact the DSE on 136 186.
Advisory Lists of Rare or Threatened Plants and Fauna The Department of Sustainability and Environment (DSE) also maintains:
These advisory lists do not impose legal requirements. However, certain species contained within the advisory lists may be listed as threatened under the FFG Act and are therefore afforded protection under that legislation.
The information in these advisory lists is used in planning processes to prepare National Park Management Plans, Forest Management Plans, local government planning schemes, regional catchment strategies and to set priorities for actions to conserve biodiversity.
Interim Conservation Orders An interim conservation order aims to protect the critical habitat of any flora that is either listed or nominated for listing under the FFG Act.
An interim conservation order aims to protect the critical habitat of any flora that is either listed or nominated for listing under the FFG Act. The interim conservation order may achieve this aim by:
- requiring the conservation, protection or management of flora, fauna, land or water within the critical habitat;
- prohibiting or regulating activities or processes on the land or water that is subject to the interim conservation order or which may occur outside the area but which would affect the critical habitat; and
- imposing requirements to undertake works or activities.
Under the FFG Act, all landholders of land within the critical habitat must be given notice of an interim conservation order. Any person may make a submission regarding the interim conservation order within 30 days of the date that the notice of the interim conservation order is published in the Victorian Government Gazettes. The Minister will then decide whether to confirm, amend or revoke the order.
Applications for review may be made within 30 days to the Victorian Civil and Administrative Tribunal (VCAT) of
- a requirement or prohibition by the person on whom a requirement or prohibition is placed on by a confirmed interim conservation order;
- a decision of the Secretary under a confirmed interim conservation order by the person’s whose interests are affected under the order; and
- a decision of the Minister to suspend a licence, permit or an authority to act in contravention of an order by the person whose licence, permit or authority has been suspended.
A landholder or water manager is entitled to compensation for financial loss suffered during an interim conservation order under the FFG Act.
An interim conservation order stops operating 2 years after it is confirmed by the Minister. The order may stop operating earlier if the Minister decides or the order specifies.
Powers of authorised officers Authorised officers have extensive powers to without warrant enter and search any land, inspect equipment, stop moving vehicles, ask questions, seize and examine documentation to investigate compliance with the FFG Act. Authorised officers may also with a warrant investigate dwellings.
It is an offence under the FFG Act to obstruct, threaten or intimidate authorised officers, refuse to answer questions and destroy or remove notices or other markers/equipment placed by an officer. However you can refuse to answer any question if you believe that the answer will incriminate you.
Penalties and cancellations of your licence or permit may result.
Planning and Environment Act The Planning and Environment Act 1987 (Vic) (the PE Act) sets up a system of planning schemes to regulate the use and development of land in Victoria.
Native Vegetation Permits You will need a planning permit from your local council to remove, destroy or lop native vegetation on your land unless the removal is exempt under the planning scheme that applies to your land. There are a number of exemptions from the permit requirements. Consult your local planning scheme for full details on the exemptions, because there are conditions and requirements which limit the amount of native vegetation which can be removed without a permit.
The main requirements for native vegetation permits are generally found in clause 52.17 of a planning scheme. New exemptions were introduced in September 2008. Therefore, even if you have prior experience with native vegetation permit requirements, it is important to consult the planning scheme as new provisions may apply. Exemptions generally exist for the following categories:
- lopping and pruning for maintenance;
- grasses;
- regrowth;
- dead vegetation;
- contiguous site areas under the same ownership and less than 0.4 hectares in size;
- weeds;
- pest animal burrows;
- land use conditions;
- land management notices;
- planted vegetation;
- emergency works;
- fire protection;
- surveying;
- utility installations;
- public roads;
- railways;
- existing and approved buildings;
- existing buildings and works in the Farming Zone and the Rural Activity Zone;
- new buildings and works in the Farming Zone and the Rural Activity Zone;
- new dwellings in the Farming Zone and the Rural Activity Zone;
- fences;
- vehicle access from public roads;
- personal use;
- grazing;
- stock movements on roads;
- harvesting for timber production – naturally established native vegetation;
- extractive industry;
- search for stone;
- mining;
- mineral exploration; and
- geothermal energy exploration and extraction.
Under the planning schemes, native vegetation includes all plants indigenous to Victoria, including trees, shrubs, herbs and grasses. Every planning scheme therefore requires farmers to obtain permits if they intend to clear land for pasture development or cropping. Similarly, a permit is required to crop or re-sow paddocks containing native grass more than ten years old.
To check whether you will require a planning permit, contact your local council as local laws and overlays may impose additional controls and requirements which can override some of the exemptions.
For more information on planning schemes see (insert link to the planning law section of this website).
Specific information for native vegetation permit applicants is available at www.dse.vic.gov.au
In assessing or amending planning permits, local councils are required to consider the extent and character of native vegetation, the likelihood of its destruction, and whether the native vegetation is to be or can be protected, planted or allowed to regenerate. Local councils also need to consider in “Victoria’s Native Vegetation Management: A Framework for Action” in any planning decision, which specifies a primary goal of achieving a ‘net gain’in the extent and quality of our native vegetation by avoiding, minimising and offsetting native vegetation removal. Local councils may also be required to refer the permit application to DSE.
A copy of the Native Vegetation Management Framework – A Framework for Action is available at www.dpi.vic.gov.au
It is an offence under the PE Act to use or develop land in contravention of, or by failing to comply with, a planning scheme or planning permit. Penalties may apply. Local councils are able to enforce vegetation protection requirements by issuing a planning infringement notice. Planning infringement notices can, for example, require landowners to replace the native vegetation.
Compensation is not available for the non-issue of a permit or conditions associated with the issue of a permit.
Property Vegetation Plans A Property Vegetation Plan (PVP) is a voluntary agreement between a landholder and the Department of Sustainability and Environment (DSE) which considers how all the vegetation on a property will be managed over the next 10 years.
A PVP is approved by DSE and may be used as a basis for an application for a planning permit to remove native vegetation. If a permit is granted in accordance with a PVP, the permit will be valid for 10 years, rather than the usual 2 years.
Catchment and Land Protection Act The Catchment and Land Protection Act 1994 (Vic) imposes various duties on land owners including taking all reasonable steps to:
- avoid causing or contributing to land degradation which causes or may cause damage to another landowner;
- conserve soil; and
- protect water resources
A land management notice may be served on a land owner who fails to comply with these duties. It is an offence under the CLP Act to disobey a land management notice and penalties may apply.
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