Every council in Victoria has a planning scheme setting out requirements for using, developing and protecting land. The planning scheme also states which activities, development or uses of land require a planning permit. In assessing applications for planning permits a council must consider the environmental impact of a proposal.
The responsible authority (usually the local council) must refer particular permit applications to the body identified in the planning scheme as a referral authority.
The council, under the Planning and Environment Act 1987 (Vic), is able to enforce vegetation protection requirements by:
- issuing a planning infringement notice;
- issuing an enforcement order sought from the Victorian Civil and Administrative Tribunal (VCAT); or
- prosecuting an offender in the magistrate's court, or both.
Under planning infringement notices and enforcement orders, the council can, for example, require landowners to replace the native vegetation. The Planning and Environment (Amendment) Act 2000 significantly increased penalties for breaches of planning law. For example, the maximum penalty for failing to comply with a planning scheme, a planning permit or an agreement under the Act has been increased to $120 000 (Planning and Environment Act 1987 (Vic)).
Some councils also protect native vegetation through initiatives such as rate rebates and roadside vegetation management. East Gippsland Shire, for example, with support through Natural Heritage Trust funding, has started a rate rebate program for landholders with conservation covenants on their properties.