Native Vegetation 'Time Stamping Project' - The Clock is Ticking

The Department of Sustainability & Environment (DSE) is currently undertaking a project entitled the 'Time Stamping Project' (TSP) which seeks to record the extent of native vegetation within Melbourne's growth areas.

The project forms part of the Victorian Government’s actions under its Melbourne Strategic Assessment agreement with the Commonwealth Government and the results of the project will form the basis of assessment for native vegetation removal in these areas.

It is vital that land owners and developers act before 1 December 2010, the closing date for submissions to the TSP, to ensure that any inaccuracies in the extent of native vegetation as depicted on the DSE’s preliminary maps are identified and addressed through the submissions process.

What does the project do?

The TSP is a mapping exercise which is establishing a benchmark assessment of native vegetation on all land identified as having potential for urban development under the Delivering Melbourne’s Newest Sustainable Communities project. This benchmarking assessment will create a point in time record of existing vegetation that will be used as the basis for assessing all native vegetation removal proposals arising from the future development of affected land.

In some areas adjacent to the Regional Rail Link project, vegetation site assessments have been completed by relevant agencies such as the Department of Transport. Where this information is available the mapping will be prepared using these assessments. In other areas the DSE is utilising remote assessment tools such as aerial photography to establish estimates of the extent of native vegetation.

The purpose of the TSP is to introduce finalised native vegetation maps that will increase certainty for the development industry when calculating development costs and also assist in streamlining the planning approval process.

The risk to the development industry is that once established there is no method of amending the maps. Therefore developers will be bound by the DSE mapping irrespective of whether it is representative of the actual extent of native vegetation on a parcel.

Participation in the mapping process

During October 2010, the DSE wrote to affected land owners providing copies of its preliminary mapping and inviting written submissions.

The DSE will consider all submissions. Owners must provide access to DSE to undertake an inspection of their property and it is understood that the outcome of this evaluation will be advised in writing.

Aside from basic information there is no guidance on the form submissions should take, no opportunity provided for a hearing before DSE, nor any automatic right to review in respect of the final mapping outcome.

If owners do not object the DSE will adopt its preliminary assessment of native vegetation.

Implications for land development

Native vegetation offsets are a significant contributor to the cost of land development.

As part of the Melbourne Strategic Assessment a 15,000Ha grassland reserve is being secured through a series of acquisitions. The DSE has advised that offsets for removal of native grasslands in the identified urban growth areas must be sourced from the newly secured grassland reserve.

The DSE has provided an indicative cost of native grassland credits within the grassland reserve of $137,500 per Habitat Hectare.

Any inaccuracies in the TSP mapping could significantly increase development costs and therefore the price of delivery to the end consumer.

What you need to do

Submissions to the DSE regarding the TSP must be received by post on or before 1 December 2010. It is important that affected persons act now to assess the accuracy of the TSP mapping.

If you are the registered proprietor of land and have received correspondence from the DSE regarding this project you should, if you have not already, seek advice on the accuracy of the native vegetation mapping.

If you are not the registered proprietor of affected land but are in negotiations with an owner, hold an option over land or are a purchaser under contract, you should immediately contact the registered proprietor to confirm whether they have received the correspondence from the DSE.

Harwood Andrews Lawyers can assist in both the identification of an appropriate ecologist to undertake a peer review of DSE’s assessment of native vegetation and the preparation of submission to the TSP.

For further information please contact the author of this articleGreg Tobin, a senior associate of Planning, Environment andLocal Government at Harwood Andrews Lawyers.

Greg Tobin
1800 552 018
gtobin@harwoodandrews.com.au