Permitted clearing of native vegetation
Biodiversity assessment handbook
Version 0.2
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Published by the Victorian Government Department of Environment and Primary Industries Melbourne, January 2014
© The State of Victoria Department of Environment and Primary Industries 2014
This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of
the Copyright Act 1968.
Authorised by the Victorian Government, 8 Nicholson Street, East Melbourne
ISBN 978-1-74287-979-6 (PDF)
For more information contact the DEPI Customer Service Centre 136 186
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.
Accessibility If you would like to receive this publication in an accessible format, such as large print or audio, please
telephone 136 186, or email customer.service@dse.vic.gov.au
Deaf, hearing impaired or speech impaired?
www.relayservice.com.au
Call us via the National Relay Service on 133 677 or visit
This document is also available in PDF format on the internet at www.depi.vic.gov.au/nativevegetation
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Contents
1.
Introduction
4
2.
Requirement for a permit to remove native vegetation
7
3.
Application verification
11
4.
Applications in the low risk-based pathway – biodiversity assessment
21
5. Applications in the moderate and high risk-based pathway – biodiversity assessment
defined.
Error! Bookmark not
6.
Applications in the high risk-based pathway – additional biodiversity assessment Error! Bookmark not defined.
7.
Non DEPI referred applications
Error! Bookmark not defined.
8.
DEPI Referred applications
Error! Bookmark not defined.
9.
Ensuring compliance with permit conditions
Error! Bookmark not defined.
Appendix A: Exemptions
Error! Bookmark not defined.
Appendix B: Existing use rights
Error! Bookmark not defined.
Appendix C: Category of native vegetation
Error! Bookmark not defined.
Appendix D: Application checklists
Error! Bookmark not defined.
Appendix E: Calculate offset requirements
Error! Bookmark not defined.
Appendix F: Standard permit conditions
Error! Bookmark not defined.
This handbook is still to be completed. It currently deals with applications in the low risk-based pathway. It will be
updated periodically to deal with emerging issues associated with implementing the new native vegetation permitted
clearing regulations and to include guidance for applications in the moderate and high risk-based pathways. In the
interim, any queries should be submitted to nativevegetation.support@depi.vic.gov.au.
Please ensure that you are using the latest version of the handbook by regularly checking the DEPI website.
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1.
Introduction
1.1 Purpose of this handbook
This is a handbook to guide the assessment of the biodiversity impacts of applications for a planning permit to
remove, destroy or lop native vegetation under Clause 52.16 and Clause 52.17 of planning schemes in Victoria.
Responsible and referral authorities should use this handbook when assessing these planning permit applications and
when providing information to applicants about requirements under Clause 52.16 and Clause 52.17.
Prior to using this handbook and assessing an application for a planning permit to remove 1 native vegetation, it is
recommended that assessors read and understand:

the State Planning Policy Framework Clause 12.01-2 on native vegetation management

the native vegetation clauses of planning schemes (Clause 52.16 and Clause 52.17)

Permitted clearing of native vegetation – Biodiversity assessment guidelines (the Guidelines) an incorporated
document in all planning schemes that guides the application of Clause 52.16 and Clause 52.17

Native vegetation gain scoring manual that explains how gain at an offset site is calculated

Biodiversity information tools for use in native vegetation decisions – explanatory document which explains
the information tools used in the permitted clearing regulations.
1.2 Scope of this handbook
Use of this handbook does not ensure that all relevant planning scheme requirements that may apply to managing
native vegetation and biodiversity are met. The scope of this handbook is set out below.
Decision making about applications for planning permits
This handbook guides the assessment of applications for planning permits to remove native vegetation. It does not
guide strategic planning for the protection and management of biodiversity and native vegetation as outlined in Clause
12.01-1 of the State Planning Policy Framework.
Clauses 52.16 and Clause 52.17
This handbook will assist in addressing the biodiversity requirements of Clause 52.16 and Clause 52.17 in planning
schemes. This handbook has not been designed to meet the requirements of other clauses that require a planning
permit to remove vegetation, or that require the consideration of native vegetation and its function. These may include,
Environmental Significance, Vegetation Protection, or Significant Landscape Overlays and any requirements of the
Local Planning Policy Framework.
The purpose and decision guidelines of the overlay must be used to guide the assessment of an application for a
planning permit to remove vegetation under these overlays.
Biodiversity considerations
The scope of this handbook is limited to guidance on assessing the impacts on biodiversity from the removal of native
vegetation as required under Clause 52.16 and Clause 52.17. This handbook does not provide guidance for
considering impacts on other objectives of managing native vegetation included in these clauses i.e. landscape value,
land and water protection, Aboriginal heritage, and bushfire risk.
1
For the purpose of this handbook the term ‘remove native vegetation’ includes to remove, destroy or lop native vegetation.
4
This handbook, the Guidelines, and the biodiversity information tools they reference, may also guide decision making
when assessing biodiversity impacts of removing native vegetation under approval processes other than the Planning
and Environment Act 1987. This may include assessments under the Environmental Effects Act 1978 and the
Minerals Resources (Sustainable Development) Act 1990.
1.3 How to use this handbook
This handbook includes a number of sections that should be used when assessing applications for a planning permit
to remove native vegetation under Clause 52.16 and Clause 52.17. Table 1 sets out what each section is used for and
who needs to use them. Text in orange boxes explains non-standard situations.
Table 1: Summary of the handbook sections
Section
Purpose
Responsible group / users
Section 1 – Introduction
Background information regarding the permitted
clearing regulations, how and when to use this
handbook.
Responsible Authorities
Section 2 – Requirement
for a permit to remove
native vegetation
Determining if a planning permit to remove native
vegetation is required.
Responsible Authorities
Section 3 – Application
verification
Checking if applications are complete.
Responsible Authorities
Referral Authorities
Determining if the application requires referral to the
Department of Environment and Primary Industries
(DEPI).
Section 4 – Applications
in the low risk-based
pathway – biodiversity
assessment
Assessing biodiversity considerations of
applications in the low risk-based pathway.
Section 5 – Applications
in the moderate and high
risk-based pathway –
biodiversity assessment
Assessing biodiversity considerations of
applications in the moderate and high risk-based
pathway.
Referral Authorities
Section 6 – Applications
in the high risk-based
pathway – additional
biodiversity assessment
Assessing biodiversity considerations of
applications in the high risk-based pathway. To be
completed.
Referral Authorities
Section 7 – Non DEPI
referred applications
Preparing a response to an application that has not
been referred to DEPI.
Responsible Authorities
Section 8 – DEPI
referred applications
Preparing a response to an application that has
been referred to DEPI.
Responsible Authorities
Responsible Authorities
Referral Authorities
Referral Authorities
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Section
Purpose
Responsible group / users
Section 9 – Ensuring
compliance with planning
permit conditions
Checking whether a planning permit holder has
complied with the permit conditions.
Responsible Authorities
Appendices
Supporting information and tools.
Responsible Authorities
Relevant appendices are referred to in each section.
Referral Authorities
Referral Authorities
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2.
Requirement for a permit to remove native vegetation
A planning permit may be required to remove native vegetation, including dead vegetation, under Clause 52.16
or Clause 52.17. This section will verify if a planning permit is needed and if the biodiversity considerations under
Clause 52.16 and Clause 52.17 are applicable.
A planning permit will be required if:
1.
Use or development results in the removal of native vegetation (see 2.1) AND
2.
Clause 52.16 or Clause 52.17 applies (see 2.2).
Under these clauses, a permit is required unless:

the native vegetation is exempt from requiring a permit under relevant clauses (see 2.4)

the native vegetation to be removed is listed in the schedules to Clause 52.17 (see 2.5)

the removal of native vegetation is covered by an existing use right (see 2.6)
The Permitted clearing of native vegetation – Biodiversity assessment guidelines (the Guidelines) has established
two categories of native vegetation: remnant patch and scattered tree (see 2.8).
Where removal of native vegetation requires a planning permit, but the vegetation does not meet the definitions of
remnant patch or scattered tree, the Guidelines and this handbook do not need to be applied.
2.1 Use or development results in the removal of native vegetation
Consider all buildings and works that are proposed or that will be required, including any ancillary use or development.
If the use or development of land will result in the removal of native vegetation, a planning permit under Clause 52.16
or Clause 52.17 may be required. Native vegetation is defined in the Victoria Planning Provisions as:
Plants that are indigenous to Victoria, including trees, shrubs, herbs and grasses.
2.2 Application of Clause 52.16 and Clause 52.17
Clause 52.16 applies to land if a native vegetation precinct plan (NVPP) corresponding to that land is incorporated into
the scheme, otherwise Clause 52.17 applies. Application requirements and decision guidelines differ for each.
Decision Point – Responsible authority

If there is an incorporated NVPP corresponding to the land, Clause 52.16 applies, proceed to 2.3.

If there is no NVPP corresponding to the land, Clause 52.17 applies, proceed to 2.4.
There are a number of factors that negate the need for a planning permit under Clause 52.16 or Clause 52.17. The
remainder of section 2 will confirm if a permit to remove native vegetation will be required, and if the biodiversity
considerations need to be applied when assessing the permit.
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2.3 Removal of native vegetation may accord with a NVPP
If the proposed native vegetation removal is in accordance with a NVPP, no planning permit is required. If the
proposed removal of native vegetation is not in accordance with the NVPP, a planning permit is required under Clause
52.16.
Decision Point – Responsible authority

If the proposed native vegetation removal is not in accordance with the NVPP, proceed to 2.4.
 If the proposed native vegetation removal is in accordance with the NVPP and any conditions in the plan, a
planning permit is not required under Clause 52.16 or Clause 52.17, inform the applicant.
2.4 Removing native vegetation may be exempt
Clause 52.16 and Clause 52.17 contain tables of exemptions that allow landowners to remove some native vegetation
when undertaking specific activities. There are also Bushfire protection exemptions listed in Clause 52.48. If the
removal is covered by an exemption under Clause 52.48, no planning permit is required under Clause 52.16 or Clause
52.17.
Appendix A provides further detail on how to apply the exemptions.
Decision Point – Responsible authority

If the native vegetation removal is not exempt and Clause 52.17 applies, proceed to 2.5.

If the native vegetation removal is not exempt and Clause 52.16 applies, proceed to 2.6.
 If the application is covered by an exemption, a planning permit is not required to remove native vegetation,
inform the applicant.
2.5 Native vegetation may be listed in the schedules to Clause
52.17
Clause 52.17 provides for a responsible authority to specify native vegetation or areas within the schedule to the
clause. A planning permit is not required for the removal of native vegetation that has been specified in the schedules.
This may include plants that are not indigenous to the local area and have become environmental weeds. It may also
include areas that have been assessed under other processes for example, Environmental Effects Statements.
The planning permit requirements do not apply to the removal of native vegetation specified or to an area specified in
the schedule to the Clause 52.17.
Decision Point – Responsible authority

If the native vegetation to be removed is not specified in the schedules to Clause 52.17, proceed to 2.6.
 If the native vegetation to be removed is specified in the schedules to Clause 52.17, a planning permit is not
required to remove native vegetation, inform the applicant.
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2.6 Removal of native vegetation may be covered by an existing
use right
In some cases existing use rights may mean that a planning permit is not required for the removal of native
vegetation. Existing use rights need to be considered on a case-by-case basis.
If the applicant has an existing use right, it must be determined if the proposed removal of native vegetation is inherent
to the use. If such a determination is made, a planning permit is not required. If the removal is more significant, a
planning permit is needed. Where activities are deemed to be routine repairs or maintenance, a planning permit would
not be needed2. Refer to Appendix B for further information.
Decision Point – Responsible authority

If an existing use right is not established, and native vegetation removal is proposed, a planning permit is
required, proceed to 2.7.
 If an existing use right is established and the removal of native vegetation is deemed inherent for the
continuation of that use, a planning permit is not required to remove native vegetation, inform the applicant.
2.8 Define and classify the native vegetation
The definition of native vegetation in Clause 72 of the Victoria Planning Provisions is:
Native vegetation – plants that are indigenous to Victoria, including trees, shrubs, herbs and grasses.
The Guidelines define native vegetation3 in two categories, remnant patch and scattered tree.
Remnant patch
A remnant patch of native vegetation is either:

an area of vegetation where at least 25 per cent of the total perennial understorey plant cover is native

any area with three or more native canopy trees where the canopy foliage cover 4 is at least 20 per cent
of the area.
Scattered tree
A scattered tree is a native canopy tree that does not form part of a remnant patch.
The following are relevant when applying these definitions:

In circumstances of severe short term change in native vegetation condition, this includes during a declared
drought, following fire, flooding, slashing or unusually intense grazing, the Native vegetation extent map
should be used to determine if vegetation is native per the above definitions.

Mapped5 wetlands should be treated as a remnant patch.
2
VCAT2317, December 2011: Wellington & Ors vs Surf Coast Shire Council (Deputy President: DWYER).
3
This includes dead native vegetation.
4
Foliage cover is the proportion of the ground that is shaded by vegetation foliage when lit from directly above.
5
Mapped on current DEPI Native vegetation layer.
9

A canopy tree is a mature tree that is greater than three metres in height and is normally found in the upper
layer of a vegetation type. Immature trees that are not yet able to flower and are less than three metres in
height are considered part of the understorey. Ecological Vegetation Class (EVC) descriptions provide a list of
the typical canopy species.

Areas that include non-vascular vegetation (such as mosses and lichens) but otherwise support no native
vascular vegetation, are not considered a remnant patch for the purposes of the Guidelines.
If the native vegetation to be removed is not a remnant patch or a scattered tree (per the definitions above), the
biodiversity considerations in Clause 52.17, the Guidelines and this handbook do not need to be applied when
assessing an application for a planning permit to remove native vegetation. There should be no objection to these
applications on the basis of the biodiversity considerations in Clause 52.17 and no offset is required. Examples of
native vegetation that will not meet the Guidelines definition may include isolated native shrubs or areas where native
vegetation has largely been replaced by exotic species (e.g. pasture grasses).
Refer to Appendix C for further information on classifying native vegetation.
Decision Point – Responsible authority

If the native vegetation to be removed is a remnant patch or a scattered tree, proceed to section 3.
 If the native vegetation to be removed is not a remnant patch or a scattered tree, this handbook and the
Guidelines should not be applied. The application for a planning permit to remove native vegetation should
not be objected to on the basis of the biodiversity considerations in Clause 52.17. The responsible authority
must consider the other matters under the Clause to determine if a planning permit should be granted.
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3.
Application verification
Before assessing an application for a planning permit to remove native vegetation, the responsible authority should
complete a pre-assessment verification to:
1.
verify the category and extent of the native vegetation to be removed
2.
verify the risk-based pathway of the application
3.
ensure application requirements as per section 7 of the Guidelines have been met
4.
determine if the application requires referral to DEPI.
At the end of each step it may be determined that the application should be returned to the applicant for correction or
completion. It is important that all the steps in this section are completed before the application is returned. This will
ensure that all missing information is requested at the same time.
Figure 1: Native Vegetation Information Management (NVIM) system : tool
The tool within NVIM is designed to assist landholders in accessing the information required to apply for a planning
permit to remove native vegetation under Victoria’s permitted clearing regulations (Clause 52.16 and Clause 52.17
of the Victoria Planning Provisions). The tool will generate a Biodiversity assessment report that is submitted with
an application for a planning permit to remove native vegetation. The tool can also be used by assessors during
the permit assessment process.
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3.1 Verify the category and extent of the native vegetation removal
Applicants should use the tool within NVIM to identify and mark the native vegetation to be removed. The responsible
authority confirms the category and extent of the native vegetation that has been identified. Category and extent are
key inputs in determining the risk-based pathway of the application and the offset requirements.
3.1.1 Verify the category of vegetation
The Guidelines have categorised native vegetation as either scattered tree or a remnant patch. The applicant
identifies and includes maps of all native vegetation to be removed – this may be a remnant patch(es), scattered
tree(s) or a combination of both. The responsible authority can use aerial photography, site photographs and the
description of the native vegetation to be removed to verify the category of native vegetation. Refer to section 2.8 and
Appendix C for further information.
3.1.2 Verify the extent against development proposal
Extent is the area of native vegetation to be removed in hectares (for remnant patch) or the number of scattered trees
to be removed, and may include both. Multi-stemmed trees, and trees with multi-stemmed coppice re-growth are
regarded as single trees.
Map(s) of the extent of the native vegetation to be removed included in the application should be checked against the
extent of the proposed development or use as set out in the planning permit application. The details of the proposed
use or development can be compared with the following when verifying the extent of native vegetation to be removed:
6

native vegetation extent layer6

aerial photographs of site

photographs and maps provided by the applicant (including maps from the tool within NVIM).
Note that in circumstances where the native vegetation extent map has not identified native vegetation but native vegetation is present on site,
Clause 52.16 or Clause 52.17 are still applicable.
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Extent for non-standard applications
Combined removal
Applications for removing scattered trees and remnant patches
If the native vegetation to be removed includes both scattered trees and remnant patches the extent of the
scattered trees is converted to an area by assigning a standard area of 0.071 hectares per tree. The area
of the remnant patch and the calculated area of all scattered trees are added together to determine the
extent. This total extent is used to determine the risk-based pathway. The tool within NVIM will calculate
this total extent automatically, but if the tool within NVIM has not been used then this will have to be
manually calculated.
Partial removal
Removal of understorey plants from a patch of native vegetation
The full extent of the area where native vegetation is to be removed must be used even if the removal is
restricted to only a part of the native vegetation, for example some or all of the understorey plants in a
wooded vegetation class where canopy trees are left intact. Biodiversity equivalence score and offset
requirements will be adjusted later in the process to account for the partial clearing.
Removal of some or all canopy trees from a patch of native vegetation
Each canopy tree to be removed is treated as a scattered tree, these should be marked on the map. The
extent will be the number of trees to be removed (unless the application includes removal of a patch in
which case the number of trees will be converted to an area and then added to the area of the patch as
explained above).
The responsible authority should ensure the extent considers the full footprint of the use or development including
consequential losses. This includes:

the need for firebreaks

defendable space to reduce bushfire risk

installation of services

ongoing access

access for, and impacts of construction activities

indirect impacts of the development such as:
– changes to hydrology
– effluent discharge
– stormwater runoff
– excessive shading on adjacent vegetation

check if tree retention zones7 are in place, if not you should assume that the tree will be lost and it should be
included in the extent. Construction projects involving earthworks can cause indirect losses of native
vegetation due to compaction and excavation in close proximity to tree roots. A tree retention zone must be
depicted around any treed native vegetation to be retained
7
A tree retention zone is an area around the trunk of the tree which has a radius of 12 x the diameter at breast height to a maximum of 15 metres
but no less than 2 metres. Dead trees should be protected with a radius of 15 metres from the base.
13

assume all native vegetation within any subdivision plot of less than 4 000 m 2 will be lost, this extent should be
included.
Decision Point – Responsible authority

If the category and extent of native vegetation is correct, proceed to 3.2.
 If the category is not correct and the extent is different to the expected extent, complete the pre-assessment
verification to check for other errors then request outstanding information from the applicant.
3.2 Verify the risk-based pathway of the application
Three risk-based pathways – low, moderate and high – are established under Clause 52.17. These are further
described in the Guidelines. The risk-based pathway determines the application requirements and the decision
guidelines that are applied when assessing the application.
The risk-based pathway is determined by combining the location risk of the site where native vegetation is to be
removed, and the extent of the proposed native vegetation removal.
3.2.1 Location risk
The location risk is determined from the Native vegetation location risk map. All locations in Victoria have a location
risk category, either A, B or C. If the native vegetation to be removed is in two location risk categories, the higher letter
is used, i.e. if part of the native vegetation to be removed is in Location A and part in Location C, Location C is used
as the location risk.
Figure 2: Native vegetation location risk map, v1.0 2013
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3.2.2 Extent risk
Extent risk is the extent of any clearing that has taken place or could still take place under any permit that has been
granted, for the same property with the same ownership, in the five years before the application was lodged.
The responsible authority should check their planning permit records relating to the property to determine if past
removal needs to be considered. Note: offset requirements are calculated only for the proposed clearing, past clearing
extent is not included when determining offsets. If scattered trees and remnant patch(es) are being removed,
scattered trees are assigned a standard area as described in 3.1.2. The area of scattered trees is added to the area of
remnant patch(es) to calculate total extent used to determine the risk-based pathway.
3.2.3 Verify risk-based pathway
The location risk of the site where native vegetation removal is proposed and the extent of the native vegetation to be
removed is combined using Table 2 to determine the risk-based pathway for the application.
Table 2: Risk-based pathway determined by combination of location risk and extent risk
For remnant patch
Location
Extent8
Location A
Location B
Location C
< 0.5 hectares
Low
Low
High
≥ 0.5 hectares and < 1 hectare
Low
Moderate
High
≥ 1 hectare
Moderate
For scattered trees
Location
Extent8
Location A
Location B
Location C
< 15 scattered trees
Low
Moderate
High
≥ 15 scattered trees
Moderate
High
High
High
High
The tool within NVIM will determine the risk-based pathway once the extent of the proposed clearing has been
identified and marked. If permitted clearing has not occurred in the last five years and the extent is correct and has
been accurately marked in the tool within NVIM, the risk-based pathway will be correct.
8
Includes the extent of any clearing that has taken place or could still take place under any permit that has been granted, for the same property in
the same ownership, in the five years before the application was lodged.
15
Decision Point – Responsible authority

If the risk-based pathway is correct, proceed to 3.3.
 If the risk-based pathway is not correct, complete the pre-assessment verification and then request
outstanding information from the applicant.
Verify risk-based pathway for applications where previous clearing has taken place
The location and extent, including any clearing that has taken place or could still take place under any permit that
has been granted, for the same property with the same ownership, in the five years before the application was
lodged, must be taken into account when determining the risk-based pathway of the application. Offset
requirements are calculated only for the area proposed to be cleared.
If the risk-based pathway moves from low to either the moderate or high risk-based pathway, when the combined
extent is used, the application must include all the application requirements of the higher risk-based pathway,
including the habitat hectare assessment report a minimisation statement, an assessment of the impact on
Victoria’s biodiversity and an offset strategy. Refer to the Guidelines.
Determining risk-based pathway if past clearing has taken place
The biodiversity assessment report generated by the tool within NVIM will not completely account for past clearing.
However, the tool within NVIM can be used offline to temporarily mark the proposed and past clearing as shown
in the example below.
Example of using the tool to account for past permitted clearing
Figure 3 shows the extent of the native vegetation to be removed as described in the planning permit application
(0.715 hectares, in location risk A = low risk-based pathway). Planning records and/or the application has revealed
that additional areas of native vegetation have been permitted to be cleared in the past 5 years – these areas have
been added in Figure 4 as patch 2. When the two areas are combined, the total extent is 1.549 hectares. Clearing
this extent in location risk A places the application in the moderate risk-based pathway. The tool cannot be used to
determine offsets (until enhancements have been completed) and a consultant must be appointed to complete this
application. DEPI support will provide assistance for applications in the moderate and high risk-based pathways.
If the application remained on the low risk-based pathway no action would be required.
16
Determining risk-based pathway if past clearing has taken place
Figure 3: Extent of proposed native vegetation
removal
Figure 4: Extent of proposed and past native vegetation
removal
3.3 Ensure that the application is complete
The responsible authority must check that all required information is included in the application. Table 3 lists the
application requirements as included in the Guidelines. The checklist in Appendix D can assist.
Table 3: Application requirements for a planning permit to remove native vegetation
Number
Requirement
When this information must
be provided
1.
The location of the site of native vegetation to be removed. This
includes the address of the property.
All applications
2.
A description of the native vegetation to be removed including:
All applications
3.

whether the native vegetation is a remnant patch, or scattered
trees,

the area of any remnant patches of native vegetation

the number of any scattered trees.
Maps or plans containing the following information:

north point and property boundaries

all areas of native vegetation, clearly showing the native
vegetation to be removed (including any area that the Country
Fire Authority has recommended for removal or management for
fire protection purposes)

all scattered trees to be removed.
All applications
4.
Recent dated photographs of the native vegetation to be removed.
All applications
5.
The risk-based pathway of the application.
All applications
17
Number
Requirement
When this information must
be provided
6.
Where the purpose of removal, destruction or lopping of native
vegetation is to create defendable space, a statement is required that
explains why removal, destruction or lopping of native vegetation is
necessary. The statement must have regard to other available
bushfire risk mitigation measures. This requirement does not apply to
the creation of defendable space in conjunction with an application
under the Bushfire Management Overlay.
If native vegetation
removal is to create
defendable space
7.
A copy of any property vegetation plan that applies to the site.
If one has been approved
8.
Details of any other native vegetation that was permitted to be
removed on the same property with the same ownership in the five
year period before the application to remove native vegetation is
lodged. This includes clearing that has taken place or could still
legally take place under a granted permit.
If a permit to remove native
vegetation has been granted
in the past five years
9.
The strategic biodiversity score of the native vegetation to be
removed.
All applications
10.
The offset requirements should a permit be granted to remove
native vegetation.
All applications
11.
A habitat hectare assessment report, completed by a qualified
assessor, of the native vegetation that is to be removed.
All moderate and high riskbased pathway applications
12.
A statement outlining what steps have been taken to ensure that
impacts on biodiversity of the proposed use or development have
been minimised. The steps taken should have regard to the
contribution the native vegetation to be removed and the native
vegetation to be retained makes to biodiversity. The statement should
include either:
All moderate and high riskbased pathway applications

Details of any strategic planning process the site has been
subject to that has minimised impacts on biodiversity of the
proposed use or development, or

A description of the opportunities taken to locate, design and
manage the proposed use or development to minimise impacts
on biodiversity from the removal of native vegetation. If the
applicant considers no further opportunities exist to minimise
impacts on biodiversity from the removal of native vegetation,
provide an explanation of the potential impacts on the proposed
use or development if further minimisation was required.
13.
An assessment of whether the proposed removal of native vegetation
will have a significant impact on Victoria’s biodiversity, with specific
regard to the proportional impact on habitat for any rare or threatened
species.
All moderate and high riskbased pathway applications
14.
An offset strategy that details how a compliant offset will be secured
to offset the biodiversity impacts of the removal of native vegetation.
All moderate and high riskbased pathway applications
18
Decision Point – Responsible authority

If the application contains all required information, proceed to 3.4.
 If the application is missing data or information, complete the pre-assessment verification then request
outstanding information from the applicant.
3.4 Determine referral requirements
Clause 66.02-2 of the Victoria Planning Provisions specifies when an application for a planning permit to remove
native vegetation must be referred to the Secretary to the Department of Environment and Primary Industries (DEPI).
The referral requirements described below do not apply if in the opinion of the responsible authority, the proposal
satisfies requirements or conditions previously agreed in writing between the responsible authority and the referral
authority, or the referral authority has considered the proposal for which the application is made within the past three
months and has stated in writing that it does not object to the granting of the permit for the proposal.
Clause 66.02-2 requires that the following applications to remove native vegetation, triggered under Clause 52.16 or
Clause 52.17, be referred to DEPI for assessment:

applications where the area of native vegetation to be removed is 0.5 hectares or more

all applications in the high risk-based pathway

applications where a property vegetation plan applies to the site

applications on Crown land which is occupied or managed by the responsible authority.
Note that some applications for permits to remove native vegetation that are in the moderate risk-based pathway will
not be referred to DEPI. These are:

moderate risk-based pathway applications for the removal of scattered trees only

moderate risk-based pathway applications that include the removal of both remnant patches and scattered
trees, where the total area of the patch(es) is less than 0.5 hectares.
Local government will solely assess these moderate risk-based pathway applications.
Also note local government can enter into a MOU with DEPI that alters what applications are referred.
Referred applications:

DEPI assesses the impact of the proposal to Victoria’s biodiversity in terms of Clause 52.16 or
Clause 52.17 and the Guidelines.
 The responsible authority ensures all other requirements of the planning scheme are met.
Non-referred applications:
 The responsible authority undertakes the assessment of the application. This will include assessing
the biodiversity impact of the proposal in accordance with the Guidelines and this handbook, and all
other requirements of the planning scheme.
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Decision Point – Responsible authority

If the application triggers a referral under Clause 62.02-2, refer the application to DEPI noting any required
timeframes that need to be complied with and proceed with the assessment of all non-biodiversity related
considerations.
 If the application does not trigger a referral to DEPI, proceed with a complete assessment using this
handbook and any relevant local council guidelines.
3.5 Referral authority records and allocates application
When an application is referred to DEPI they check that the application has been correctly referred and verify that the
application is complete and contains all required information. The referral authority has 28 days from the day on which
it is given a copy of the application to respond to the application.
If the referral authority needs further information, this must be requested within 21 days of receiving the application.
The 28 day response time will begin from the day on which the responsible authority provides that further information.
Decision Point – Referral authority

If the application has been correctly referred and is complete begin the biodiversity assessment.
 If the application does not contain all the required information, request the missing information within 21 days
of receiving the application.
 If the application should not have been referred, inform the responsible authority via email or letter that
referral was not required and that no response will be provided.
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Applications in the low risk-based pathway –
biodiversity assessment
4.
Apply the decision guidelines as contained in the Guidelines. Two of the decision guidelines have already been
considered – whether the vegetation is native and whether the application should be in the low risk-based pathway.
Applications submitted under Clause 52.16 proceed to 4.1 then 4.3.
Applications submitted under Clause 52.17 proceed to 4.2 then 4.3.
4.1 Clause 52.16 applications
The decision guidelines under Clause 52.16 are applied. Consider:

the purpose and objectives of the native vegetation precinct plan

the effect on native vegetation identified for protection in the native vegetation precinct plan

the potential for the effectiveness of the native vegetation precinct plan to be undermined

the potential for the proposed development to lead to the loss or fragmentation of native vegetation identified
for protection in the native vegetation precinct plan

offset requirements in the native vegetation precinct plan.
Consider whether the proposed native vegetation removal will have an inconsequential impact or a more significant
one for the native vegetation precinct plan. Consider the important role and purpose of strategic planning and the
impact that the proposed native vegetation removal will have on the plan. Significant areas of native vegetation may
have been protected in a strategic planning exercise that involved a number of stakeholders, applications proposing to
impact on these should be carefully considered.
Decision Point

If there is an incorporated native vegetation precinct plan over the site, and after applying the decision
guidelines above there is no objection to the removal, proceed to section 4.3.
 If there is an incorporated native vegetation precinct plan over the site, and after applying the decision
guidelines above there is an objection to the removal, go to section 7 or 8 to prepare a response.
4.2 Property vegetation plan
A property vegetation plan (PVP), that has been approved by DEPI, may be included in the application for a planning
permit to remove native vegetation. If the native vegetation to be removed is in accordance with the PVP, the
assessor should not object to the application, provided any relevant conditions in the PVP are complied with. This may
include offset agreements. Any planning permit granted where an approved PVP is in place must be granted for 10
years.
If the native vegetation to be removed is not in accordance with an approved PVP, consider the implications of the
clearing for the future implementation of the PVP. If the native vegetation to be removed has a significant impact on
the PVP the approved PVP may require amendment and re-approval or it may become nullified.
If there is no approved PVP then continue to 4.3
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Decision Point

If there is no approved PVP included in the application, proceed to 4.3

If the native vegetation to be removed is not in accordance with an approved PVP, continue with the
biodiversity assessment of the application after considering the implications for the validity of the PVP,
proceed to 4.3.
 If the native vegetation to be removed is in accordance with an approved PVP, support the application with
offset conditions as depicted in the PVP and ensure that any planning permit granted is valid for 10 years.
No further biodiversity assessment required, proceed to section 7 or 8.
4.3 Verify offset requirements
Offsets are required to compensate for the biodiversity loss that is expected as a result of permitted clearing
of native vegetation. Applicants are required to provide a gain to Victoria’s biodiversity that is equivalent to
the loss to Victoria’s biodiversity. Losses and gains are measured in biodiversity equivalence scores or units.
The application will contain the offset requirements. All applications in the low risk-based pathway will
require a general offset. The application will include:

the type of offset (general offsets)

the amount of offset

the required attributes of the offset:
– the minimum strategic biodiversity score
– the required location of the offset.
If the tool within NVIM has been used it would have determined the offset requirements by following these steps:
Measure the loss to Victoria’s biodiversity (represented by the biodiversity
equivalence score)
Step 1: Calculate the habitat hectares of the vegetation to be removed
The loss in habitat hectares is determined by multiplying the extent (in hectares) by the condition of the native
vegetation to be removed:
9

Scattered trees are converted to hectares by multiplying the number of trees by 0.071 hectares

Condition is the weighted average condition score 9 from the Native vegetation condition map.
The lowest condition score included in the Native vegetation condition map is 0.2.
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Step 2: Calculate the biodiversity equivalence score of the vegetation to be removed
For low risk-based pathway applications a general biodiversity equivalence score is calculated by multiplying the
habitat hectares amount by the strategic biodiversity score of the native vegetation to be removed:

Habitat hectares amount is calculated in step 1
Strategic biodiversity score10 is the weighted average score from the Strategic biodiversity map.
The general biodiversity equivalence score of the vegetation to be removed represents the loss to
Victoria’s biodiversity from the proposed clearing.
If the rounded score is 0.000, no offset is required. Steps 3 and 4 are not required.
Determine the required gain to Victoria’s biodiversity
Step 3: Apply the risk factor to the biodiversity equivalence score
For low risk-based pathway applications a risk factor of 1.5 is applied by multiplying this risk factor with the
general biodiversity equivalence score determined in step 2:

This answer is the amount of offset required (in general biodiversity equivalent units).
Step 4: Determine the required attributes of the offset
For low risk-based pathway applications the offset site must have the following attributes:

A strategic biodiversity score of at least 80 per cent of the strategic biodiversity score of the clearing site

Be located in the same Catchment Management Authority boundary or municipal district as the native
vegetation to be removed. (The tool within NVIM will not list the municipal district area, this must be added by
the relevant local council)
If the tool within NVIM has not been used then the offset must be manually determined as above.
Determining offset requirements for non-standard applications on the low risk-based pathway
Where clearing of some or all understorey plants from a remnant patch is proposed, the condition score determined
by the tool within NVIM must be halved. This will adjust the general biodiversity equivalence score of the native
vegetation being removed and thus the amount of offset required.
Where the applicant has submitted a habitat hectare assessment report with their application, the habitat hectares
amount in the report must be used in place of the habitat hectares amount determined by the tool within NVIM. This
will adjust the general biodiversity equivalence score of the native vegetation being removed and thus the amount of
offset required.
10
The lowest strategic biodiversity score in the Strategic biodiversity map is 0.1.
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Decision Point

Verify that the offset amount required is correct and then proceed to section 7 or 8.

If the offset amount is incorrect in the application, ensure that the correct amount is included in any planning
permit condition prepared.
Offset arrangements for timber harvesting
There are alternative offset arrangements for native timber harvesting on private land. Refer to section 9.6 of the
Guidelines for more details if the application is for timber harvesting.
4.4 Decision making
The biodiversity assessment of applications in the low risk-based pathway is restricted to verifying the information
presented by the applicant. If the information provided is correct, the planning permit should not be refused or
objected to on the basis of the biodiversity considerations in Clause 52.17. A compliant offset must be secured, to the
satisfaction of the responsible or referral authority, before the native vegetation is removed. The condition on the
planning permit must specify this requirement.
Responsible authorities are required to consider other matters when deciding on a planning permit application.
DEPI has not provided guidance on these matters.
Figure 5 shows the flow chart for assessing biodiversity considerations of a planning permit to remove native
vegetation under the low risk-based pathway.
Figure 5: Decision making for low risk-based pathway applications.
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Decision Point

No objection on the basis of the biodiversity considerations in Clause 52.17.

If a planning permit is granted, include offset requirements in conditions proceed to section 7 if the application
was not referred to DEPI and to section 8 if it was referred.
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