Minister for Environment
and Climate Change
Ref:
MBR024783
File:
EP/10/3444
“*MBR024783*”
Mr Adam Fennessy
Secretary
Department of Environment and Primary Industries
8 Nicholson St
EAST MELBOURNE VIC 3002
8 Nicholson Street
East Melbourne Victoria 3002
Australia
PO Box 500
East Melbourne Victoria 8002
Australia
Telephone: +61 3 9637 8890
Facsimile: +61 3 9637 8100
DX 210098
Dear Mr Fennessy
MINISTERIAL STATEMENT OF EXPECTATIONS - STAGE TWO
I am pleased to provide you with this statement of expectations (SOE) for the regulation of land, fire
and environment under Victorian legislation.
This SOE applies to Department of Environment and Primary Industries (DEPI) employees with
responsibilities for land, fire and environment matters, including those who carry out powers and
functions under enabling legislation and related government policies, including exercising Ministerial
powers and functions under an instrument of authorisation or delegation. Land, fire and environment
(LFE) regulators include regulatory functions within DEPI’s LFE Group, as well as related regulatory
activity delivered through the DEPI Regional Services Group. This SOE applies for the period 2014-15
and 2015-16, or until otherwise amended.
Improving the administration and enforcement of environmental regulation
This SOE sets out my expectations for the contribution of LFE regulators to the government’s program
to reduce red tape affecting businesses, not-for-profit organisations, government service providers
and households, by promoting greater efficiency and effectiveness in the administration and
enforcement of regulation.
As Minister for Environment and Climate Change, I am responsible for administering a range of Acts in
the context of land, fire and environment regulatory activities that affect businesses and the broader
Victorian community (see list of Acts at Attachment 1). This SOE should be read within the context of
the objectives, obligations and functions outlined in these Acts (as amended).
This SOE specifically applies to the following LFE regulatory activities:
i.
ii.
iii.
iv.
v.
vi.
Beekeeping on public land;
Flora and Fauna Guarantee Act regulation;
Native vegetation clearing controls;
Environmental regulation of timber harvesting on public land;
Tour operator licensing; and
Wildlife regulation.
Privacy Statement
Any personal information about you or a third party in your correspondence will be protected under the provisions
of the Information Privacy Act 2000. It will only be used or disclosed to appropriate Ministerial, Statutory
Authority, or departmental staff in regard to the purpose for which it was provided, unless required or authorised by
law. Enquiries about access to information about you held by the Department should be directed to the Privacy
Coordinator, Department of Environment and Primary Industries, PO Box 500, East Melbourne, Victoria 8002.
Improvements and targets
The Victorian Government is committed to maintaining a resilient, healthy environment for a strong,
productive future. Having in place a regulatory framework that maintains environmental standards
and protects the environment is important to deliver on this commitment.
I acknowledge that DEPI has completed the Regulation and Compliance Transformational Project,
which focused on creating a coherent and effective regulation and compliance function across the
Department. I support the resulting commitment that:
“The Department of Environment and Primary Industries will treat all members of the community
professionally and with respect while delivering efficient and effective risk-based regulatory services.”
Within this context, I expect regulation to be effectively designed to achieve policy goals and
efficiently administered to provide certainty, consistency and transparency and to minimise costs.
Based on consultation across DEPI, I have identified some key areas of governance and operational
performance where there are opportunities for LFE regulators to contribute to these objectives. LFE
regulators are expected to identify activities they will undertake to achieve the following performance
improvements and targets.
Regulatory principles
It is important that all DEPI regulators are consistent in the way in which they interact with the public.
I expect all DEPI regulatory staff to follow six regulatory principles as they undertake their duties.
Regulatory staff are expected to be:






helpful
respectful
proportionate
predictable
clear
transparent.
I also expect all DEPI regulators to jointly develop a standard for measuring DEPI’s performance in
delivering against these principles and for this to be reported to me.
Relevant LFE areas Improvement strategy
All LFE regulatory To work with other DEPI regulators to jointly
areas
develop a standard for measuring DEPI’s
performance in delivering the regulatory principles
and report against the standard
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Targets
Participate
in
preparing
the
standard, collect and
report on baseline
data by 1 July 2015
and
subsequent
year’s data by 1 July
2016
2
Role clarity
Clear governance arrangements are an important foundation for effective regulation. As such, I expect
the LFE regulators to have clearly defined roles and responsibilities and a sound understanding of the
objectives regulatory interventions aim to achieve.
Relevant LFE areas
Native vegetation,
Tour
operators,
Wildlife
Beekeeping,
Native vegetation,
Timber harvesting
Improvement strategies
Regulatory areas will develop policy establishing a
clear chain of accountability between all parties
involved in the regulatory regime
Regulatory areas to review existing compliance
monitoring and assurance regimes to ensure that
regulatory objectives are being met
Targets
Updated
policy
documents by 1 July
2015
Complete reviews by
1 July 2016
Stakeholder consultation and engagement
Effective communication and engagement with stakeholders can reduce regulatory burden and lead
to better regulatory outcomes. I recognise that strong relationships between the LFE regulators and
their stakeholders have assisted in the delivery of effective environmental outcomes. I expect you
to continue to make full use of current mechanisms for engagement with Wildlife and Beekeeping
regulation stakeholders such as the RSPCA, Victorian Farmers’ Federation and the DEPI Buzz
Steering Committee. To ensure these productive relationships continue to grow, I expect the LFE
regulators to develop a plan detailing a process for the effective engagement of, and consultation
with, stakeholders. This will support the rollout of key priorities over the next two years, such as the
introduction of longer beekeeping tenures on public land.
Relevant LFE areas
Beekeeping,
Wildlife
Improvement strategy
Target
Strengthen stakeholder relationships with the Complete plans
development of a stakeholder
1 July 2016
consultation and engagement plan
by
Clear and consistent regulatory activities
Clear and consistent regulatory activities are an important element of the regulator/stakeholder
relationship and are crucial for the delivery of efficient and effective regulation. I expect the LFE
regulators to strive to continuously improve regulatory activities in a way that minimises the impact
of regulation on business.
Relevant LFE areas
Timber harvesting
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Improvement strategy
Streamline and align the various regulations that
the timber industry is required to comply with to
provide a more linear framework that improves
clarity and efficiency
Target
Publish revised Code
of Practice for Timber
Production as per
improvement strategy,
supported by a single
consolidated set of
operational
prescriptions by 30
December 2014
3
Risk-based strategies
Consistent with my expectations for DEPI as a whole, I expect all LFE regulators to have a risk-based
approach to managing their compliance responsibilities. Compliance strategies should highlight how
compliance activities contribute to achieving legislative objectives, how the LFE regulators measure
success, or monitor and report on compliance performance. I expect the LFE Group to work closely
with delivery partners, including Regional Services Group, to ensure state-wide LFE compliance
priorities are captured in partner compliance plans. This is an important step in ensuring LFE
regulators continue to foster a culture of continuous improvement.
Relevant LFE areas Improvement strategy
Target
All LFE regulatory LFE Group will develop Compliance Strategies, Complete Strategies
areas
which should include risk-based approaches
by 1 July 2015
Regional Services Group will develop, use and Complete Plans and
report against Regional Compliance Plans, start reporting against
reflecting priorities identified in the Compliance them by 1 July 2015
Strategies
Accountability and transparency
Accountability and transparency are key principles underpinning effective public sector regulation, and
performance reporting is an important component of this. I expect LFE regulators to report publically
on each of the achievement strategies outlined in this SOE letter to give assurance to the community
that LFE regulators are conducting regulatory functions efficiently and effectively.
Relevant LFE areas Improvement strategy
Target
All LFE regulatory Publically report on all SOE regulatory activities in Commence
annual
areas
DEPI’s annual report
reporting by 1 July
2015
Reporting
The Victorian Government values transparency and accountability. As such, I expect that these SOE
performance targets will be incorporated into the DEPI Corporate Plan, and that this SOE is published
on DEPI’s website upon receipt.
As indicated in the ‘Accountability and transparency’ improvement strategy above, public reporting
against progress on each of the regulatory activities will be required and should be undertaken in
DEPI’s annual report. The LFE regulators are also expected to report on:


current baseline levels for performance targets set in this SOE; and
activities to be undertaken to reach the performance targets and improvements set out in this
SOE.
I also expect DEPI to respond to this SOE, outlining how it intends to achieve the required
performance improvements and targets. This response should detail specific activities that will be
undertaken by DEPI.
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I look forward to seeing DEPI continuing to work to achieve best practice in the administration and
enforcement of regulation.
Yours sincerely
THE HON RYAN SMITH MP
Minister for Environment and Climate Change
Encl.
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Attachment 1: Acts and Regulations for Land, Fire and Environment Regulation
Catchment and Land Protection Act 1994


Catchment and Land Protection Regulations 2012
Catchment and Land Protection (Register of Interests) Regulations 2006on
Conservation Forests and Land Act 1987*s


Conservation, Forests and Lands (Infringement Notice) Regulations 2013
Conservation, Forests and Lands (Contracts) Regulations 2010
Flora and Fauna Guarantee Act 1988*

Flora and Fauna Guarantee Regulations 2011
Forests Act 1958*





Forests (Domestic Firewood) Regulations 2012
Forests (Tour Operator Licence Fee) Regulations 2011
Forests (Recreation) Regulations 2010
Forests (Licences and Permits) Regulations 2009
Forests (Fire Protection) Regulations 2004
Land Act 1958

Land Regulations 2006
National Parks Act 1975


National Parks Regulations 2013
National Parks (Tour Operator Licence Fee) Regulations 2011
Planning and Environment Act (s55 Referrals)
Sustainable Forests (Timber) Act 2004*

Sustainable Forests (Timber Harvesting) Regulations 2006
Wildlife Act 1975*



Wildlife Regulations 2013
Wildlife (Tour Operator Licence Fee) Regulations 2011
Wildlife (Marine Mammals) Regulations 2009
* Some parts are jointly shared or administered by the Minister for Agriculture and Food Security (see
Administration of Acts General Order of 17 March 2014; Supplement to the General Order for
respective Ministerial responsibilities in relation to the Acts specified in the Order).
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