Reforms to Victoria’s native vegetation
permitted clearing regulations
Transitional guidance to support applications to remove
native vegetation
Introduction
In September 2013, a planning scheme amendment
introduced the Victorian Government’s Reforms to Victoria’s
native vegetation permitted clearing regulations (the
reforms).
The reforms include amendments to various clauses of the
Victoria Planning Provisions and a new incorporated
document, Permitted clearing of native vegetation –
biodiversity assessment guidelines (the guidelines). The
guidelines outline the application, decision making and offset
arrangements to meet the requirements of the reforms.
The reforms will apply to all decisions on applications to
remove native vegetation made following the amendment of
planning schemes. This guidance has been developed to
support applicants, consultants and decision-makers
transition to the new arrangements with minimum cost and
confusion. It has been developed to provide flexibility to
applicants who have already taken steps to meet the
requirements of the current policy settings while ensuring
that the objectives of the amended regulations can be met.
This guidance has been informed by the following principles:

ensuring the ‘no net loss’ objective is achieved;

minimising any additional costs or delays for applicants
as a result of changes to the application requirements
wherever possible; and

providing flexibility to permit holders to meet existing
permit conditions in line with the reformed regulations.
This guidance has been prepared for application by the
Department of Environment and Primary Industries (DEPI) in
its role as a referral authority. Application of this guidance for
applications and permits not referred to DEPI is at the
discretion of the responsible authority. DEPI will provide
support to responsible authorities to apply this guidance.
Contents
Stages in the process of application to remove native vegetation .................................................................... 2
Support for applicants and responsible authorities to apply this guidance ..................................................... 3
Attachment A: Detailed guidance for scenarios at different stages in the application and permit
process ..................................................................................................................................................................... 4
Attachment B: Transition guidance summary ...................................................................................................... 7
Attachment C: Required data standards ............................................................................................................... 8
www.depi.vic.gov.au
Applications referred to DEPI
Stages in the process of
application to remove
native vegetation
To the extent possible, information provided in the
application will be used to apply the decision making and
offset requirements outlined in the guidelines.
Discretion will be applied in assessing whether the
application requirements of the guidelines have been strictly
met, and if adequate information has been provided to apply
the decision making guidelines.
Overview
This guidance has been prepared to recognise the varying
issues that may arise at different stages in the application
and permit decision process. This guidance has been set out
on the basis of steps that an applicant may have already
taken prior to the commencement of the reforms. The
following summarises the stages and guidance. Detailed
guidance for scenarios at different stages in the application
and permit process is provided in Attachment A.
Additional information will only be sought when adequate
information to inform the application of the decision making
guidelines has not been provided.
Please note that approval by the Minister for Environment
and Climate Change to remove very high conservation
significance native vegetation native will no longer be
required when the reforms come into effect.
Applications considered by responsible authorities
As above, subject to the discretion of the responsible
authority.
There are three stages:



Stage 1: Pre-application stage: the applicant is yet to
submit an application to remove native vegetation.
Stage 2: Application stage: the applicant has
submitted an application to remove native vegetation but
a decision is yet to be made by the responsible
authority.
Stage 3: Permit stage: the applicant has received a
permit to remove native vegetation subject to offsets
being provided.
Stage 3: Permit stage
A permit to remove native vegetation has been granted
subject to an offset being provided.
The permit condition will outline any specific requirements of
the offset to be obtained and include a requirement that the
offset be provided to the satisfaction of the responsible
authority or the Secretary of the Department of Environment
and Primary Industries (or the Secretary of the Department of
Sustainability and Environment).
Permit conditions to the satisfaction of the Secretary of
DEPI
Stage 1: Pre-application stage
The applicant is yet to submit an application to remove native
vegetation.
The permit holder can satisfy their offset condition by:
The application, decision making and offset requirements
outlined in the guidelines apply.
OR
Applicants who have obtained a habitat hectare assessment
from a competent assessor are able to substitute the
modelled condition score with the assessed condition from
the habitat hectare assessment for low risk applications.
DEPI will provide support to applicants to determine offset
requirements for moderate and high risk applications.


securing an offset as per their permit condition,
securing an offset which meets the requirements of the
guidelines
Permit conditions to the satisfaction of responsible
authorities
As above, subject to the discretion of the responsible
authority.
Other scenarios
Stage 2: Application stage
The applicant has submitted an application to remove native
vegetation but a decision is yet to be made by the
responsible authority.
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Page 2
Other scenarios, such as offsets which have been secured in
advance, or offset requirements for multi-stage project, will
be considered by DEPI on a case-by-case basis.
Support for applicants and
responsible authorities to
apply this guidance
DEPI will provide support to applicants and responsible
authorities to apply this guidance. A dedicated function within
DEPI will provide support for:

the preparation of applications under the moderate
and high risk-based pathways

DEPI staff assessing applications under the
moderate and high risk-based pathways

user-support for the online tool within the native
vegetation information management (NVIM) system.
Enquiries and data for moderate and high risk applications
should be sent to nativevegetation.support@depi.vic.gov.au
For DEPI to process Geographic Information System (GIS)
data, it must be in certain format and have certain
information. Please see the Attachment C for the data
standards.
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Page 3
Attachment A: Detailed
guidance for scenarios at
different stages in the
application and permit
process
Applicants must use the online tool within NVIM to determine
the risk-based pathway of their application.
Transitional guidance to support reforms to
Victoria’s native vegetation permitted clearing
regulations
Standard requirements:
The following provides guidance to responsible authorities
and DEPI officers who are responsible for assessing permit
applications for the removal of native vegetation.
The guidance includes the decisions and actions required for
different scenarios. The table in Attachment B provides a
transition guidance summary. Each scenario relates to the
number of completed stages in the permit application
process when planning scheme amendment occurs. Different
decisions and actions apply to each scenario.
Where the application falls within the moderate or high risk
pathway, additional information, including a habitat hectare
assessment, is required.
Scenario 2: Site assessments conducted,
application yet to be lodged at the time of
the planning scheme amendment
Applicants must use the online tool within NVIM to determine
the risk-based pathway for their application to remove native
vegetation. Permit applications must meet application
requirements for the relevant pathway specified in the
guidelines.
Applications that fall within the low risk-based pathway
1.
For the purposes of this document:

planning scheme amendment refers to the planning
scheme amendment to give effect to the reforms to
Victoria’s native vegetation permitted clearing
regulations.

the guidelines means Permitted clearing of native
vegetation – biodiversity assessment guidelines
(DEPI, September 2013)

the online tool within NVIM means the online tool
located within the native vegetation information
management (NVIM) system at
www.depi.vic.gov.au/nvim

DEPI Transition Support means the function within
DEPI established to provide support to apply this
guidance. Requests for support which meet the
required data standards outlined in Attachment C
should be sent to
nativevegetation.support@depi.vic.gov.au
Scenario 1: Site assessments yet to be
undertaken at the time of the planning
scheme amendment
Standard requirements:
Permit applications made after the planning scheme
amendment must meet the application requirements outlined
in the guidelines.
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Page 4
The applicant must decide to either:
a.
use the biodiversity assessment report
provided by NVIM (includes the use of
modelled condition) OR
b.
send the GIS data and condition scores of
native vegetation to be removed to the DEPI
Transition Support email address.
2.
Where the applicant sends data to DEPI Transition
Support, the applicant will receive a report to assist in
meeting the application requirements.
3.
The applicant must lodge permit application to
responsible authority meeting all information
requirements.
4.
The responsible authority or DEPI as referral authority
will assess application per low risk-based pathway set
out in the guidelines.
Applications that fall within the moderate or high riskbased pathways
1.
The applicant must send the GIS data and condition
scores of native vegetation to be removed to the DEPI
Transition Support email address.
2.
DEPI Transition Support will provide a report to the
applicant to assist in meeting the application
requirements.
3.
The applicant must lodge the permit application to the
responsible authority meeting all information
requirements.
4.
DEPI as referral authority will assess the application as
per moderate or high risk-based pathway set out in the
guidelines. Please note that approval by the Minister for
Environment and Climate Change to remove very high
conservation significance native vegetation will no longer
be required when the reforms come into effect.
Scenario 3: Application lodged prior to
planning scheme amendment, permit (or
other planning approval) yet to be decided
on at the time of the planning scheme
amendment
2.
DEPI Transition support will provide a report to assist in
meeting the application requirements.
3.
The applicant must lodge the report to the responsible
authority who will provide it to DEPI referral authority
staff.
4.
The DEPI as referral authority will assess the application
as per the moderate or high risk-based pathway set out
in the guidelines. Please note that approval by the
Minister for Environment and Climate Change to remove
very high conservation significance native vegetation will
no longer be required when the reforms come into effect.
Where applicants have provided information in line with the
application requirements, this information should be used to
the fullest extent to avoid requiring the applicant to resubmit
information.
If exact location and boundaries of clearing site is clear, the
responsible authority can use the online tool within NVIM to
determine the risk-based pathway:


if low risk, the biodiversity assessment report provided
by NVIM will include:
o
the strategic biodiversity score
o
the offset requirements
if moderate or high risk, the responsible authority should
notify the applicant of the steps below for the moderate
and high risk-based pathway.
If the exact location and boundaries of the clearing site is
unclear, the responsible authority should seek further
information from the applicant and ask them to use the online
tool within NVIM to determine:

the risk-based pathway

strategic biodiversity score (if low risk)

the offset requirements (if low risk)
Scenario 4: Permit issued (or other
planning approval conditions specified)
prior to the planning scheme amendment,
offset yet to be secured
Where a permit condition has been specified, the
requirement for an offset will either be a DEPI condition or a
responsible authority condition:
Permit condition specifying a requirement to offset or
provide an offset plan to the satisfaction of the
responsible authority.
1.
a.
b.
Applications that fall within the low risk-based pathway
The applicant must decide to either:
a.
Where the applicant sends data to DEPI Transition
Support, they will be provided with a report to assist in
meeting the application requirements.
3.
The applicant must lodge the report provided by DEPI
Transition Support to the responsible authority.
4.
The responsible authority or DEPI as referral authority
will assess application as per low risk assessment
pathway under the guidelines.
Applications that fall within the moderate or high riskbased pathways
1.
The responsible authority must decide if an offset that
meets the guidelines requirements is acceptable to
satisfy the permit conditions. If considered acceptable
steps 3 to 5 apply.
3.
The permit holder must determine what offset
requirements would apply to the application under the
guidelines using the online tool within NVIM.
4.
The permit holder must confirm the offset requirements
with the responsible authority by providing the
biodiversity assessment report provided by NVIM.
5.
The responsible authority should check that the offset
requirements have been correctly determined.
6.
The permit holder is then required to secure an offset
that would meet the requirements of the guidelines and
provide evidence to the responsible authority.
provide the GIS data and condition scores to DEPI
Transition Support.
2.
The GIS data and condition scores of native vegetation
to be removed must be sent to the DEPI Transition
Support email address.
www.depi.vic.gov.au
Page 5
contact the responsible authority to determine if an
offset that meets the requirements of the guidelines
will satisfy the permit conditions (refer to step 2
below).
2.
use the online tool within NVIM which will use
modelled condition,
OR
b.
secure an offset which meets the permit
requirement,
OR
The applicant should provide the biodiversity assessment
report provided by NVIM to the responsible authority.
1.
The permit holder must decide whether to:
Permit condition specifying a requirement to offset or
provide an offset plan to the satisfaction of DEPI/DSE.
Permits that fall with the low risk pathway
1.
The permit holder must decide whether to either:
a.
secure an offset which meets the permit
requirement and provide evidence to the
responsible authority,
For permit holders who have obtained an offset and obtained
confirmation from the responsible authority that they have
complied with the conditions of their permit, no further
approval is required to undertake the proposed clearing.
OR
b.
secure an offset that would meet the requirements
of the guidelines by following steps 2 to 6.
2.
The permit holder must determine what offset
requirements would apply to the application under the
guidelines by using the online tool within NVIM
3.
The permit holder must confirm the offset requirements
with DEPI as referral authority via the responsible
authority by providing the biodiversity assessment report
provided by NVIM.
4.
The DEPI referral authority should check that the offset
requirements have been correctly determined.
5.
The permit holder is then required to secure an offset
that would meet the requirements of the guidelines and
provide evidence to the responsible authority.
Permits that fall within the moderate and high risk
pathways
1.
secure an offset which meets the permit
requirement and provide evidence to the
responsible authority,
OR
b.
If the previously mentioned scenarios do not apply, the
applicant should notify the responsible authority or DEPI
(where referred).
This may include:

An applicant has assessed the clearing site and
purchased a third party offset but the permit application
has not been decided upon at the time of the planning
scheme amendment.

An applicant has secured an on-site offset before the
planning scheme amendment but the permit application
has not been decided upon at the time of the planning
scheme amendment.

Multi-staged projects.

ensuring the ‘no net loss’ objective is achieved;

minimising any additional costs or delays for projects as
a result of changes to the application requirements
wherever possible; and

providing flexibility to projects to meet existing offset
requirements in line with the new arrangements.
secure an offset that would meet the requirements
of the guidelines by following steps 2 to 6.
2.
The permit holder must provide GIS data and the habitat
score to DEPI transition support.
3.
DEPI Transition support will provide a report to assist in
meeting the application requirements.
4.
Scenario 6: Other situations
The transitional arrangements should be informed by the
following principles:
The permit holder must decide whether to:
a.
Scenario 5: Permit issued (or other
planning approval conditions specified),
offset secured that meets the conditions
prior to the planning scheme amendment
The permit holder must confirm the offset requirements
with DEPI as referral authority via the responsible
authority by providing the report from DEPI transition
support.
5.
DEPI as referral authority should check that the offset
requirements have been correctly determined.
6.
The permit holder is then required to secure an offset
that would meet the requirements of the guidelines and
provide evidence to the responsible authority.
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Page 6
The responsible authority and DEPI as referral authority
should assess the proposal as per the guidelines and should:

Specify an offset requirement as per the guidelines.

Seek an offset variation if an offset that meets the
Framework requirements is secured within a reasonable
time period of the permit being issued.
DEPI as referral authority will consider alternative
arrangements in line with principles outlined above on a
case-by-case basis. The responsible authority may consider
alternative arrangement at their discretion.
Attachment B: Transition guidance summary
Stage
Scenario
Site
assessment
undertaken
Application
submitted
Permit
granted
Offset
obtained
1




Preapplication
2




For applications referred to DEPI
For applications
considered by the
Responsible authority
For applicants who are yet to have a site assessment undertaken, the requirements of
the Permitted clearing of native vegetation - biodiversity assessment guidelines (the
guidelines) will apply.
As for DEPI
For applicants who have had a site assessment undertaken but are yet to submit their
application, the requirements of guidelines will apply.
As for DEPI
Applicants should determine the risk-based pathway for their application:

If low risk-based pathway, the applicant can use the condition score from either the
modelled layer or the site assessment process.

If moderate or high risk-based pathway, the site assessment will be used to
determine the condition and extent of the proposal.
For applicants who have submitted an application, the decision making and offset
requirements of the guidelines will apply.
Application
3




As for DEPI, subject to
discretion of the
Responsible authority
Discretion will be applied in assessing whether the application requirements of the
guidelines have been strictly met if adequate information has been provided to apply the
decision making guidelines.
Additional information will only be sought when adequate information to inform the
application of the decision making guidelines has not been provided.
4




For permit holders who have obtained a permit to remove native vegetation subject to
providing an offset to the satisfaction of the responsible authority or DEPI, permit
holders are able to:

secure an offset as specified by the permit condition

secure an offset as specified by the guidelines.
5




For permit holders who have obtained an offset which meets their permit conditions of
their permit, no further approval is required to undertake the proposed clearing.
Permit
See guidance for considerations of scenarios that do not fall within scenarios 1 -5.
Other
6
?
www.depi.vic.gov.au
?
?
?
As for DEPI, subject
to discretion of the
Responsible authority
As for DEPI
As for DEPI, subject to
discretion of the
Responsible authority
Page 7
Attachment C: Required data standards
GIS data standards for submitting site assessment data for proposed native vegetation
removal to DEPI Transition Support
The following specifies the standards that site assessment data must meet if submitting to DEPI Transition Support.
Email address: nativevegetation.support@depi.vic.gov.au
Where data meets the standards set out below, DEPI can provide a report with the following information:

Confirmation of the risk-based assessment pathway.

The Strategic Biodiversity Score.

The names of species that require a specific offset as a result of the specific-general offset test (scientific and
common name).

The proportional impact of the clearing on each of the species that require a specific offset as a result of the
specific-general offset test.

The offset requirements, specified in Biodiversity Equivalence Units, and the required offset attributes.
Please note, data that does not meet the following standards will be returned to the applicant for amendment.
Required Standards
Data must meet the following standards:

GIS data must be saved as ESRI shapefiles.

GIS data must be in the projection GDA_1994 Geocentric Datum of Australia 1994.

Files must include the .prj file.

Projection must be included in the file name, for example: PP-123_Coburn_GDA94.shp .

Files must only include spatial data of the clearing sites.

All data must be checked for accuracy.

Data must be in the minimum number of files as possible.

The spatial layer attribute table is formatted and contains the inputs specified in table 1.

All features are labelled correctly with an attribute table containing information in table 1 for each zone.

Remnant native vegetation must be polygons.

Polygons must not be multi-part.

Polygons must not overlap (all adjoining zones are ‘snapped’ to one another with no gaps occurring).

Polygons must not cross property boundaries.

Scattered trees must be provided as circular polygons, with each tree represented by a singular polygon.

Scattered tree polygons should have a radius of 15 metres (30 metre diameter). This can be achieved by
mapping scattered trees as points and then applying a buffer of 15 metres in the GIS program.

Assessed scattered trees are given a default condition score of 0.20, this should be included in the attribute
table.

The combination of site ID and zone ID must create a unique identifier for each polygon within the shapefile.
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Page 8
Table 1: Required format and inputs of spatial layer attribute table
Name of
attribute
Short name
Field type
Description
Domain
Example
Project ID
HH_PAI
VarChar(30)
Project ID: Unique
Identifier for
Text or Numbers
PP123_Coburn
0,1,2,3,4…
1
Text or Numbers
HZ1
RP for Remnant
patch or ST for
RP
Project
Site ID
HH_SI
Number (no decimals)
Unique site identification
number
Note: The combination of
site ID and zone ID must
create a unique identifier
for each polygon within
the shapefile.
Zone ID
HH_ZI
Character (4)
Zone identification
Number
Note: The combination of
site ID and zone ID must
create a unique identifier
for each polygon within
the shapefile.
Vegetation
type
HH_TY
VarChar(2)
Remnant patch or
Scattered trees
Scattered Trees
Assessors
HP_CP
VarChar(60)
First and Last Name of
Data Collector
FirstName
LastName
John Smith
Date
HP_YMD
VarChar(10)
Date
DD-MM-YYYY
Habitat/
Condition
score
HH_H_S
Number (decimal places)
Final Habitat/ condition
Score –
0.00-1.00
0.42
#.###
2.334
Sum of Condition Score
and Landscape Context
Score
Note: where the site is
assessed as scattered
trees and a default
condition score is applied,
this default score should
also appear in the
attribute table
Area
(hectares)
HH)A
Number (three decimal
places)
Published by the Victorian Government Department of Environment and Primary
Industries Melbourne, September 2013.
© The State of Victoria Department of Environment and Primary Industries
Melbourne 2013.
This publication is copyright. No part may be reproduced by any process except
in accordance with the provisions of the Copyright Act 1968.
ISBN 978-1742879499 (pdf)
Accessibility
If you would like to receive this publication in an alternative format,
please telephone DEPI Customer Service Centre 136 186, email
customer.service@depi.vic.gov.au (or relevant address), via the National
Relay Service on 133 677 www.relayservice.com.au This document is
also available on the internet at www.depi.vic.gov.au
Disclaimer
This publication may be of assistance to you but the State of Victoria and its
employees do not guarantee that the publication is without flaw of any kind
or is wholly appropriate for your particular purposes and therefore disclaims
all liability for any error, loss or other consequence which may arise from you
relying on any information in this publication.
www.depi.vic.gov.au
Page 9