NVC Roadside Native Vegetation Management Forum 2013 Purpose of - - PowerPoint PPT Presentation

nvc roadside native vegetation management forum 2013
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NVC Roadside Native Vegetation Management Forum 2013 Purpose of - - PowerPoint PPT Presentation

NVC Roadside Native Vegetation Management Forum 2013 Purpose of the day Provide information on managing roadside vegetation Coincides with the recent release of Roadside Vegetation Guidelines and Management Plan documents Cover


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SLIDE 1

NVC Roadside Native Vegetation Management Forum 2013

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SLIDE 2

Purpose of the day

  • Provide information on managing roadside vegetation
  • Coincides with the recent release of Roadside Vegetation Guidelines

and Management Plan documents

  • Cover elements of native vegetation management relevant to

roadsides (eg: pest control, fire, public safety and grants)

  • Opportunity to have open discussion on NV related matters
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SLIDE 3

Presentation Overview

  • Why the need for native vegetation regulation?
  • Legislative framework
  • Native Vegetation Council
  • Native Vegetation Fund

Speaker’s topics

  • Unpacking Roadside Vegetation Guidelines and Templates
  • Local Government stories and case studies
  • Native Vegetation Incentives Program (SEB’s & Offsets)
  • Public Safety – Regulation 5(1)(lb)
  • Compliance
  • Fire Management – Regulation 5A

Panel discussion

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SLIDE 4

Why the need for regulation?

  • Native vegetation is the foundation of our biodiversity, providing

habitat for plants and animals and other ecosystem services

  • Less than 25% remains in SA’s agricultural areas (some regions as

low as 12%)

  • Native vegetation loss = biodiversity loss
  • What remains is under threat from habitat fragmentation,

grazing, weeds & development

  • Underpins/links to SASP (2011) targets T69 - Lose no species &

T 70 - Sustainable land management

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SLIDE 5

Legislative Framework

  • Native Vegetation Act 1991
  • Native Vegetation Regulations 2003
  • Provides for the control of native vegetation clearance across

the State

  • Establishes the Native Vegetation Council and the Native

Vegetation Fund

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SLIDE 6
  • Conserve, protect and enhance

native vegetation

  • Limit the clearance of native

vegetation to particular circumstances

  • Provide incentives and assistance

for the management, research and re-establishment of native vegetation

Objects of the Native Vegetation Act 1991

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SLIDE 7

Native Vegetation Regulations

  • Define ‘exemptions’ or circumstances where native vegetation

may be cleared

  • Contain mechanisms to allow reasonable necessary clearance
  • Around 40 exemptions – relate to fire safety, infrastructure,

public safety, fence lines, roads, mining, regrowth, pest control and others

  • Guide to Regulations
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SLIDE 8

Legislative interaction

The Act interacts commonly with a number of other Acts. While not all legislation is captured, the more common legislative interactions relate to:

  • Fire and Emergency Services Act 2005
  • Mining Act 1971 & Petroleum and Geothermal Act 2000
  • Development Act 1993
  • Environment Protection and Biodiversity Conservation Act 1999
  • Natural Resources Management Act 2004
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SLIDE 9

The Native Vegetation Council

  • Presiding Member, nominated by Minister for Environment and

Conservation

  • Ministerial nominee, recognised for knowledge and experience

in the environment

  • South Australian Farmers Federation (landowner)
  • Conservation Council of South Australia
  • Natural Resource Management Council (landowner)
  • Local Government Association (landowner)
  • Commonwealth Minister for Environment (vacant*)
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SLIDE 10

Functions of the Council

  • Keep condition of native vegetation under review
  • Advise Minister on native vegetation issues
  • Determine applications for consent to clear
  • Encourage research
  • Encourage re-establishment
  • Administration of the Native Vegetation Fund
  • Compliance with the Act
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SLIDE 11

Clearance Processes and Controls

  • Broad acre native vegetation clearance for agricultural

development is not permitted in SA

  • Clearance for other purposes can occur under either:
  • Native Vegetation Regulations 2003, or
  • Native Vegetation Act 1991 (section 28 application)
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SLIDE 12

Clearance Processes

Two pathways for legal clearance of native vegetation

  • 1. Application under Section 28 of the Act
  • Can be for any purpose
  • Not ‘intact’ vegetation
  • Assessed against thirteen principles
  • 2. Regulations
  • For specific purposes, e.g. fence lines, firebreaks, house sites,

infrastructure, mining, public safety

  • Range of requirements and complexity

Most clearances require a Significant Environment Benefit (SEB)

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SLIDE 13

Native Vegetation Fund

  • Established by the Act – made up of range of sources
  • Expenditure decisions rest with Council
  • Supports:
  • Heritage Agreement Fencing
  • Research Grants
  • On-ground SEB projects
  • $ from SEBs, fines and penalties MUST be used for on-

ground management of native vegetation within the region where the clearance occurred

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SLIDE 14

THANK YOU

Any questions?

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SLIDE 15
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SLIDE 16

Overview

  • Responsibilities with Roadside Vegetation
  • Guidelines for the Management of Roadside Vegetation
  • Unpacking the Guidelines
  • Break
  • Roadside Vegetation Management Plans – Templates and

the “How-to” Guide

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SLIDE 17

car carria iagew geway ay roadside

What is Roadside Vegetation?

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District Councils are required to manage roadside vegetation, the councils or someone acting on behalf of the council:- either

  • through Native Vegetation Council (NVC) - “Guidelines for the

Management of Roadside Vegetation”

  • r
  • in accordance with a Roadside Vegetation Management Plan,

(RVMP) approved by the NVC

Regulation 5(1)(y) – Roadside Vegetation

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SLIDE 19

Guidelines for the Management of Roadside Vegetation

  • First released in 1992, this is an

example of the booklet re-released in 1997

  • Fundamental component of

Regulation 5(1)(y)

  • Consultation with key stakeholders

lead to the updating of the Guidelines

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SLIDE 20

Guidelines for the Management of Roadside Vegetation

  • Example of the updated version
  • f the Guidelines
  • Enables District Council to

manage roadside vegetation under Regulation 5(1)(y)

  • Consultation with stakeholders

lead to the updating of the Guidelines

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SLIDE 21
  • Maintenance & New Roadworks
  • Pest Plant and Pest Animal Control
  • Bushfire Prevention
  • Fencelines
  • Access to Adjoining Land
  • Installation and Maintenance of Utilities
  • Grazing (Leased roads and General)
  • Removal of Plant Material / Maintaining Diversity
  • Recreational Trails
  • Undeveloped Road Reserves plus Restoration and Management

Summary of the 2012 Guidelines for the Management of Roadside Vegetation

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Local Council Roadworks

  • New Roadworks – Regulation 5(1)(d)
  • Roadside Maintenance
  • Clearance envelopes
  • General Management Practices
  • Placement of work

vehicles

  • Counter measures for

spreading weeds

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SLIDE 23

Pest Plant and Animal Control

  • Joint effort between Landholders, their local Council, NRM Pest

Control Officers and the NVBMU

  • Tackle issues pertaining to pest plant and pest animal
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Bushfire Protection

  • Written in collaboration with the SACFS
  • Fire Emergency Services Act 2005
  • Mentions the provisions of Regulation 5A

which outlines clearance involved in bushfire protection works

  • Resources available to supplement the

fire section in Guidelines

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SLIDE 25

Clearance for Fencelines

Clearance up to 1 metre in width into a road reserve for the construction or maintenance of a boundary fence is allowed under Native Vegetation Regulations

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Clearance for Access to Adjoining Lands

Safety of the access user needs to be the primary consideration. However, the conservation of native vegetation is also a high consideration.

  • For normal vehicle access: 5 metres wide
  • For wider farm vehicles: 10 metres wide
  • Plus safe sight distances
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SLIDE 27

Installation and Maintenance of Utilities

Regulation 5(1)(d) – Building or provision of infrastructure Regulation 5(1)(f) – Maintenance works associated with electricity supply Regulation 5(1)(g) – Repair or maintenance of infrastructure

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SLIDE 28

Grazing on Roadsides

Consider the consequences of grazing in roadsides.

  • Are areas of important stands of vegetation going to be impacted?
  • Flowering times Native species versus introduced species
  • How do we know? Survey of Roadside Vegetation in key droving

areas!

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SLIDE 29

Removal of Plant Material

  • Collection of dead timber

(firewood collection)

  • Cutting of live timber
  • brush-cutting
  • unauthorized seed, flower

and/or fruit harvesting.

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SLIDE 30

Maintaining Biodiversity on Roadsides

Prescribed burns Managing Mistletoe

  • Australia’s unique eco-systems can be

strategically enhanced with appropriate adaptive management

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SLIDE 31

Recreational Trails on Road Reserves

  • Proper planning trails for

horse-riding, bike riding and or walking ensures the retention of native vegetation of all trail users to enjoy

  • It is also important to

consider if rare or threatened species occur where the recreational trails are planned to go

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SLIDE 32

Undeveloped Road Reserves, Restoration and Management

Can be highly diverse Require little maintenance

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SLIDE 33

District Council NVBMU / NVC

Landholders

Flow of information and communication

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THANK YOU

Any questions?

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Preparing Roadside Vegetation Management Plans – A Guide and a Template to assist Local Councils

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The Update of the Guide

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SLIDE 37

The Update of the Guide

This revised Guide will assist local councils with the preparation of a Roadside Vegetation Management Plan (RVMP). It –

  • 1. outlines the benefits of having a RVMP,
  • 2. provides details on the required contents and recommended

structure of a RVMP;

  • 3. provides a template for a RVMP; and
  • 4. outlines options for assistance with managing Roadside

Vegetation.

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SLIDE 38
  • 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

Broad benefits for protecting roadside vegetation

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SLIDE 39

Level 1. BASIC RVMP Level 2. RVMP WITH VEGETATION MAPPING Level 3. FORWARD PLANNING RVMP Level 4. HYBRID PLAN

OR

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SLIDE 40

Level 1. BASIC RVMP

  • Quick, inexpensive to

produce, outlines approval procedures.

  • Does not include vegetation

survey;

  • Limited information over

and above NVC Guidelines, but still useful in other ways. Level 2 RVMP WITH VEGETATION MAPPING

  • More informative, and

helps to protect important areas of native vegetation from accidental clearance.

  • Vegetation survey

expensive, but can be partly funded by an NVC grant.

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Level 3 FORWARD PLANNING RVMP

  • Incorporates forward

planning

  • Action plan with priorities

and timelines

  • Requires increased local

council commitment and input. Level 4 HYBRID PLAN

  • Uses parts of all three
  • ther levels.
  • Councils can adapt the

template to better suit their own needs.

  • Requires more local council

input.

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SLIDE 42

Section 2: Establishing a Plan

District Council Roadside Vegetation Management Plan

Key Step Checklist Resources Format

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SLIDE 43

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

Additional Information

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SLIDE 44

Discussion / Questions

Further information: Web: www.environment.sa.gov.au/nativevegetation E: nvc@sa.gov.au T: 8303 9777

  • r come have a chat today
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SLIDE 45

Significant Environmental Benefit (SEB)

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SLIDE 46

What is an SEB?

  • An improved conservation
  • utcome = 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

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SLIDE 47

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.

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SLIDE 48

How is a SEB Achieved?

  • 1. Through on ground works
  • r
  • 2. Via payment into the

Native Vegetation Fund

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What is a SEB Offset?

Compensation for clearance of native vegetation

SEB requirement SEB offset On-ground works Payment into NV fund NVC SEB Grants On-ground works

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Examples of SEB Offsets

  • On-ground SEB offsets
  • Land with ongoing

management plans

  • Heritage Agreements
  • SEB Grant Projects
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SLIDE 51
  • 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

SEB Monitoring Program

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SLIDE 52

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
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SLIDE 53

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

  • ccurred.
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SLIDE 54

Heritage Agreements

  • Contracts between the landholder and the

Minister for Sustainability, Environment and Conservation to conserve the native vegetation

  • n 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.

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HA Grants

  • Financial assistance of

up to $3000 annually to implement ecological

  • n-ground work projects

that benefit the native vegetation in Heritage Agreement areas.

  • $3500 available for

management plans Eligible projects include:

  • weed control, mapping and/or

identification;

  • fox, rabbit or other feral animal

control;

  • repair of damaged areas (eg

previously cleared or eroded sites);

  • mapping of native plants or native

vegetation communities;

  • native animal survey (permits

needed);

  • production of part or all of a

management plan;

  • local/minor trials of good

conservation management techniques.

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SLIDE 56

Financial Assistance for Fencing of Heritage Agreements

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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.

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SLIDE 58

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

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SLIDE 59

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
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SLIDE 60

THANK YOU

Any questions?

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SLIDE 61

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

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SLIDE 62

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

Presentation Outline

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SLIDE 63

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

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SLIDE 64

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

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SLIDE 65

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

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Three Clearance Categories

Clearance may be considered under one of the following Categories:

  • Category 1: safe sight lines/triangles at road intersections, inside
  • f 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

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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

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SLIDE 68

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

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SLIDE 69

Edge of seal Edge of travelled way

Category 2 - Sealed Roads

3m (>80 km/hr) 2m (≤80 km/hr)

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2m (≤80 km/hr) 3m (>80 km/hr)

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SLIDE 70

Edge of defined travelled way

Category 2 - Unsealed Roads

2m 2m

Capped at 12m Grader edge as specified in Councils Infrastructure Plans

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SLIDE 71

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)

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SLIDE 72

http://www.environment.sa.gov.au/Conservation/Native _vegetation/Managing_native_vegetation/Public_safety 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:

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SLIDE 73

THANK YOU

Any questions?

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SLIDE 74

Compliance

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SLIDE 75

2011/12

Total roadside compliance reports: 40 Exempt under Regs: 11 Compliance issues: 29

2012/13

to mid Feb 2013

Total roadside compliance reports: 25 Exempt under Regs: 5 Compliance issues: 20

2011/12 Adelaide & Mt Lofty Ranges SA Murray- Darling Basin Northern & Yorke South East Kangaroo Island Eyre Peninsula Alinytjara Wilurara Total Expiation

1 1 2

Written Caution

2 2 1 1 6

Education letter

4 3 2 1 10

NFA – Unable to determine

  • ffender

2 1 1 2 2 8

NFA – other

2 2

Other

1 1

Total

6 7 6 6 3 1

2012/13 to mid Feb 2013 Adelaide & Mt Lofty Ranges SA Murray- Darling Basin Northern & Yorke South East Kangaroo Island Eyre Peninsula Alinytjara Wilurara Total Enforcement Notice

1 1

Expiation & Enforcement Notice

1 1

Written Caution

1 1 2

Education Letter

2 5 4 11

NFA – Unable to determine

  • ffender

2 1 3

Other

2 2

Total

4 8 6 2

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SLIDE 76

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)

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SLIDE 77

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
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SLIDE 78

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
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SLIDE 79

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
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SLIDE 80

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
  • r
  • the amount per hectare that the land has increased in value as

a direct result of the clearance; or $2,500 whichever is greater

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SLIDE 81

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
  • ffset area and publication
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SLIDE 82

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

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SLIDE 83

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
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SLIDE 84

Regulations

Common Regulations that may apply to roadside clearance

  • Clearance for fence lines
  • Pest Control - animal and plant
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SLIDE 85

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
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SLIDE 86

THANK YOU

Any questions?

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SLIDE 87

Overview of Native Vegetation Fire Regulations for Council Managed Land

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SLIDE 88

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.

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SLIDE 89

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.

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SLIDE 90

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

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SLIDE 91

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
  • r new roads),
  • 5(1)(lb) (public safety -roads, railway)
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SLIDE 92

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.

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SLIDE 93

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.

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SLIDE 94

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

All Lands Bushfire Emergency Provision - Regulation 5A

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SLIDE 95

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).

Reducing Fuel Loads by Modifying or Clearing Native Vegetation – Reg 5A

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SLIDE 96

Clearance of a fuel break on a road reserve Bushfire Management Plan /Area Plan is the most appropriate mechanism (Fire and Emergency Services Act 2005)

Fuel Break

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SLIDE 97

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).

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SLIDE 98

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.

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SLIDE 99

Clearance needs to:

  • align with GAFLC Guidelines and
  • 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.

Fire Access Track All Lands

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SLIDE 100

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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SLIDE 101

Bushfire Planning - Regulation 5A

Bushfire plans are prepared in accordance with the bushfire management planning structure set out in the FES Act, for example:

  • The SBCC & RBMC’s endorse Council Bushfire

Management Plans (BMP’s) /Area Plans (BMAP’s).

  • District BMP’s along with land management

agency fire management plans (i.e. DEWNR, SA Water, and ForestrySA) make up the new Regional BMAP’s currently being developed for the nine BMA’s in the State.

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SLIDE 102

State Bushfire Management Plan Framework under FESA

ForestrySA Reserve FMP’s Under SOP FES Act = Fire and Emergency Services Act 2005 NVC = Native Vegetation Council SOP = Standard Operating Procedure endorsed by the Native Vegetation Council SA Water Reserve FMP’s Under SOP District Council BMP prepared by RBMC under the FES Act DEWNR Regional Reserve FMP’s Under SOP Other Property FMP’s, (may or may not require NVC approval)

Bushfire Management Area Plan - RBMC includes State Bushfire Management Plan SBCC

SBCC = State Bushfire Coordination Committee RBMC = Regional Bushfire Management Committee

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SLIDE 103

Strategic Bushfire Management Planning

Includes:

  • risk assessment of life, property and environmental assets threatened

by bushfires,

  • adoption of zoning principles in response to risk assessment planning

i.e. Asset Protection Zone (APZ), Bushfire Buffer Zones (BBZ) and Conservation Land Management Zone (CLMZ),

  • on ground modification of fuel loads in zones of APZ and BBZ (by

burning or mechanical means), strategic placement of fuel breaks and audit of fire access tracks against the GAFLC Guidelines,

  • Conservation Land Management Zone protection, avoidance of single

fire events by prescribed burning creating a mosaic of vegetation age classes across the landscape, and adoption of appropriate fire regimes for vegetation communities.

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SLIDE 104

NV Reg 5(1)(zi) Clearance for Preserving, Enhancing Ecological Processes

May include prescribed burning on conservation managed lands where there is a specific ecological objective such as:

  • management of threatened species and habitat, re vegetation and

regeneration programs including maintaining a diversity of vegetation age classes,

  • lessoning impacts from wildfires across the landscape, and
  • cultural burning and research projects that aim to build knowledge for

future management.

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SLIDE 105

Post Fire – Land Management Issues

Consider Weed Control After a Fire Event Prescribed burning is not an easy way of reducing fuel loads and managing native vegetation in the long term - Post fire weed management works should be factored into any operational plan.

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SLIDE 106

Post Fire – Land Management Issues

Retaining a modified native vegetation understorey in a Bushfire Buffer Zone on a slope where bare earth clearance is likely to result in erosion and weed invasion.

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SLIDE 107

Vegetation May be Habitat for Threatened Species

Candlebark Gum (Eucalyptus dalrympleana ssp. dalrympleana) and Manna Gum (E. viminalis ssp. viminalis) rated Rare for the State and Region. Hollows in these trees provide nesting habitat for the Yellow-tailed Black Cockatoo.

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SLIDE 108

Further Information

Websites www.cfs.sa.gov.au http://www.environment.sa.gov.au/nativevegetation