NATIVE VEGETATION
OFFSETS POLICY
____________________
Policy Reference No:
CP2011-11-18
File Reference No:
HCC09/221
Strategic Objective:
Natural Environment
Date of Adoption:
28 November, 2011
Date for Review:
July 2013
Responsible Officer:
Manager Sustainable Environment
Department:
City Sustainability
NATIVE VEGETATION OFFSETS POLICY
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1. POLICY STATEMENT
1.1. Council is committed to retaining Native Vegetation and achieving a ‘net
gain’ in Native Vegetation cover in the Municipality. Where Native
Vegetation has been approved to be removed, Native Vegetation Offsets
must be provided in a manner satisfactory to Council as outlined by this
Policy. This may be on either privately owned land, or publically owned
land.
1.2. Open Space Contributions: Offsets within a development must not be used
as a part of Public Open Space contributions. Offset sites within
development sites need to be incorporated into the overall design in
accordance with Victoria’s Native Vegetation – A Framework for Action,
2002 (NVF), and best practice urban design planning principles.
1.3. Co-location of Offsets and Open Space: Offset sites within a development
can be co-located, or incorporated into open space areas if appropriate.
The management of the offset interface and the proposed open space
function and management requires careful consideration in the planning
stage.
1.4. Offset sites are not compatible with some open space reserve functions
including active recreation and usually stormwater management. The
incorporation of offset sites into open space is likely to be limited to some
forms of passive recreation and general landscape amenity. Their primary
function must be for native vegetation offsets and biodiversity conservation
in perpetuity.
1.5. Protection and retention within developments: As per the NVF, vegetation
is considered to be retained only when it is also protected (refer Villawood
v DSE, Victorian Civil and Administrative Tribunal. Thus, trees that are
retained in roadside reserves or in other situations where they are unable
to regenerate naturally and where they may present a public safety liability,
will be considered lost and must be offset, in subdivisions of land <
4000m2.
2. PURPOSE
2.1. Hume City Council, in its Mission, Vision, Pathways to Sustainability
Framework (2009) and Natural Heritage Strategy (2006), has made a
commitment to the protection of its natural environment and the retention
of biodiversity values within the municipality.
2.2. Only 16% of Hume’s original vegetation remains. This contrasts with
neighbouring municipalities such as Whittlesea (33%), Mitchell (37%) and
Melton (22%) (Port Phillip and Westernport Catchment Management
Association - PPWCMA, 2008).
Policy Reference No: CP2011-11-18
Date of Adoption: 28 November, 2011
Review Date: July 2013
Responsible Officer: Manager Sustainable Environment
Department: City Sustainability
Page 2 of 9
NATIVE VEGETATION OFFSETS POLICY
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2.3. Hume’s remnant vegetation is amongst the most critically endangered in
Victoria (PPWCMA, 2008) and is primarily identified in the following forms
within the municipality:
a)
Scattered (individual) trees;
b)
Vegetation patches (areas of vegetation that can be classified
according to accepted Ecological Vegetation Classes - EVCs).
2.4. Hume’s remnant trees can be up to 600 years old and naturally occur in a
woodland or grassy woodland formation where trees occur at average
spacings of 8 mature trees / ha (Department of Sustainability and
Environment - DSE, 2002). This low density can often be mistaken for a
highly disturbed ecosystem, rather than the natural formation it represents.
2.5. Hume’s vegetation communities, their EVC number, and their status under
Commonwealth and Victorian legislation is outlined in Table 1, below:
Table 1: Hume’s Vegetation Communities
Victorias Native Vegetation
Framework 2002
Bioregional Conservation Status
(VVP)
EPBCA 1999
Plains Grassland
Endangered
Critically Endangered
Plains Grassy Woodland
Endangered
Critically Endangered
175
Grassy Woodland
Endangered
Critically Endangered
68
Creek line Grassy Woodland
Endangered
No EPBCA status
71
Hills Herb-Rich Woodland
Vulnerable
No EPBCA status
641
Riparian Woodland
Endangered
No EPBCA status
895
Escarpment Shrub land
Endangered
No EPBCA status
851
Stream-bank Shrub land
Endangered
No EPBCA status
EVC No
126
55-61
EVC
2.6. A recent evaluation undertaken by the PPWCMA found that 87% of
Hume’s remaining vegetation has a Bioregional Conservation Status (BCS)
of ‘Endangered’ (PPWCMA, 2008).
3. SCOPE
3.1. This policy is applicable to any planning permit application where Native
Vegetation is proposed to be removed. It is also provides guidance to any
other Native Vegetation Removal outside of the Hume Planning Scheme
which may occur from time to time.
Policy Reference No: CP2011-11-18
Date of Adoption: 28 November, 2011
Review Date: July 2013
Responsible Officer: Manager Sustainable Environment
Department: City Sustainability
Page 3 of 9
NATIVE VEGETATION OFFSETS POLICY
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4. OBJECTIVE
4.1. The objective of this policy is to maintain, and / or increase the percentage
of protected remnant native vegetation within Hume.
5. POLICY IMPLEMENTATION
5.1. Native Vegetation Offsets are to be determined in accordance with
Victoria’s Native Vegetation Management: A Framework for Action (2002),
and any subsequent approved guidelines or programs.
5.2. Council recognises the challenges (financial, social and economic) of
retaining and maintaining remnant vegetation within the municipality. As
such, Council will consider the following when deciding whether or not to
retain remnant vegetation in situ or allow it to be cleared and offset off site.
Note: applicants must address the attributes listed below when preparing
their applications.
a)
The wider network of reserves already set aside to protect the EVCs
affected whether managed by State agencies, Hume or other
Councils;
b)
Whether the long term conservation of the affected EVCs is better
achieved by remnant areas within the development area, or larger
more viable reserves;
c)
Biodiversity Conservation attributes:

Areas of ‘high quality’ conservation significance (defined as a
‘Habitat score’ of greater than 40 using the ‘Habitat Hectare’
approach (NVF, 2002);

Areas of high floristic richness;

Sites that represent a moderate to high quality example of a rare,
vulnerable or endangered EVC, or an EVC this is of regional or
higher significance;

Sites that are contiguous with or, through feasible restoration, are
able to be connected to other protected native vegetation;

Are required to meet a relevant Environmental Protection and
Biodiversity Conservation Act - EPBCA (1999) prescription (eg.
Spiny Rice-flower, Matted Flax-lily, Golden Sun Moth);

Contain an endangered or critically endangered species;

Support threatened or near-threatened flora and fauna species, or
species likely to become threatened in the future;
Policy Reference No: CP2011-11-18
Date of Adoption: 28 November, 2011
Review Date: July 2013
Responsible Officer: Manager Sustainable Environment
Department: City Sustainability
Page 4 of 9
NATIVE VEGETATION OFFSETS POLICY
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d)

Constitute a large expanse of native vegetation that, when
combined with adjacent vegetation, form a contiguous area of at
least 10ha that is capable of sustaining a range of native
vegetation biodiversity values;

Are ‘scattered tree(s)’; (Very large old tree(s); large old tree(s);
medium old tree(s); small tree(s)).
Planning, Management and Safety considerations

The likely long-term viability of the EVC on the site;

Critical nature of proposal (government infrastructure; public
safety);

Fire and public safety;

Cost and feasibility of ongoing management;

Adjacent existing and proposed land use;

Zoning of adjacent land.
5.3. The decision of whether to approve or refuse removal of vegetation will be
determined on a case by case basis.
5.4. Offset sites must be located within Hume, or if no suitable sites exist, within
neighbouring municipalities. Within Hume, the offset sites may be located
either on suitable, available Council land (preferable), or on private land
(which must be given some form long-term protection such as under
Section 173 of the Planning and Environment Act 1987; or Trust for Nature
Covenant).
5.5. Where suitable offset sites cannot be found within the municipality (this
must be demonstrated), offsets within neighbouring municipalities are
acceptable. Where suitable offset sites cannot be found within the
municipality or neighbouring municipalities (this must be demonstrated),
offsets within other municipalities within Victoria may be considered.
5.6. Council strongly encourages applicants to approach Council in the first
instance to assist with the location of sites on Council land. Contact with
‘bush broker’ organisations is recommended for the provision of offsets on
private land.
5.7. Due to the conservation status and resulting conservation significance of
the majority of Hume’s vegetation, offsets must be the extension and / or
improvement of existing remnants, rather than extensive revegetation. As
such, applicants will be required to identify existing remnant vegetation
sites (of conservation significance) for rehabilitation / improvement for most
offsets, rather than denuded sites.
Policy Reference No: CP2011-11-18
Date of Adoption: 28 November, 2011
Review Date: July 2013
Responsible Officer: Manager Sustainable Environment
Department: City Sustainability
Page 5 of 9
NATIVE VEGETATION OFFSETS POLICY
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5.8. The re-instatement of native vegetation on denuded sites is complex,
expensive and often problematic.
5.9. The management of offsets for their minimum statutory period of ten years
is the responsibility of the applicant. In some instances, Council will
consider taking over the management and maintenance of offset sites prior
to ten years where appropriate funding is provided by the applicant, and
depending on the site’s and Council’s circumstances. This will be
negotiated on a case by case basis and must include a legally binding
management agreement to the satisfaction of Council.
5.10. Council will allow for the cost of Project Management for each additional
year that the sites are managed by Council in their negotiations with the
applicant.
5.11. Regardless of preceding management arrangements, Council will provide
ongoing management of approved Offset sites on Council land after the
ten year management agreement has ended. This will be subject to all
actions in the management plan for the site being undertaken to Council’s
satisfaction.
6. DEFINITIONS AND ABBREVIATIONS
Not applicable
7. RELATED DOCUMENTS
7.1. References

Commonwealth of Australia (1999) The Environment Protection and
Biodiversity Conservation Act Commonwealth of Australia

State of Victoria (2002) Victoria’s Native Vegetation – A Framework for
Action, State of Victoria

State of Victoria: Port Phillip and Westernport Catchment Management
Authority (2006) Port Phillip and Western Port native Vegetation Plan
State of Victoria

Hume City Council (2004) Hume City Plan 2030 Hume City Council

Hume City Council (2006) Natural Heritage Strategy Hume City
Council

Hume City Council (2009) Pathways to Sustainability – An
Environmental Framework 2009-2013, Hume City Council

Port Phillip and Western Port CMA (2008) Assessing the Effectiveness
of Local government Planning Scheme Controls in Protecting Native
Vegetation in the Port Phillip and Western Port Region, State of
Victoria.
Policy Reference No: CP2011-11-18
Date of Adoption: 28 November, 2011
Review Date: July 2013
Responsible Officer: Manager Sustainable Environment
Department: City Sustainability
Page 6 of 9
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
Costello, R (2006) ‘DSE Port Phillip Region – Framework Update
0603’ Victoria’s Native Vegetation – A Framework for Action State of
Victoria Department of Sustainability and Environment.
7.2. Legislation
Note: The Native Vegetation Offsets Policy must at all times be consistent
with, and subordinate to, relevant current and future state and federal
legislation and regulations.
7.2.1.
Environmental Protection and Biodiversity Conservation Act
1999 (EPBC Act) (Commonwealth):
The Australian Government’s major environmental legislation, the
Act is designed to protect flora, fauna and ecological communities
of national and / or international significance. Two of the
ecological communities that make up much of Hume’s remaining
natural vegetation are listed as critically endangered under the
EPBC Act (Plains Grassland and Plains Grassy Woodland).
7.2.2.
Victorian Flora and Fauna Guarantee Act 1999:
Key state legislation that provides for the conservation of
threatened species and communities, and the management of
potentially threatening processes.
7.2.3.
Hume City Council Planning Scheme (Clause 52.17; Schedule
to 52.17: DPCD):
Clause 52.17 of the Planning Scheme relates to the protection
and conservation of native vegetation in Victoria to reduce the
impact of land and water degradation, and provide habitat for
plants and animals.
7.2.4.
Victoria’s Native Vegetation Management: A Framework for
Action (NVF), Department of Sustainability and Environment,
2002):
This document establishes the strategic direction for the
protection, enhancement and revegetation of native vegetation
across the State. A major priority in the Framework is to avoid
clearing, to minimise any clearing that cannot be avoided, and to
offset any losses after all efforts have been made to avoid
clearing. This is an incorporated document under the Victorian
State Planning Scheme.
7.3. Caselaw
7.3.1.
Villawood Properties Pty Ltd v DSE; (VCAT Reference
number P1063/2005; P1061/2005):
The Tribunal expressed its clear disapproval of retaining
vegetation on residential lots for the purposes of providing offsets.
The Tribunal:
Policy Reference No: CP2011-11-18
Date of Adoption: 28 November, 2011
Review Date: July 2013
Responsible Officer: Manager Sustainable Environment
Department: City Sustainability
Page 7 of 9
NATIVE VEGETATION OFFSETS POLICY
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a)
supported the view of Department of Sustainability and
Environment (DSE) in refusing to credit the retention of
vegetation on residential allotments and endorsed the
assumption that 100 per cent of native vegetation will be lost
on the newly created residential lots;
b)
ruled that any significant vegetation within the subdivision
which is to be protected from development should be set
aside in areas that are secure from development (usually
public open space and reserves), and brought into public
ownership;
c)
stated that the obligation to provide appropriate offsets
should rest with the permit holder / developer rather than the
subsequent owners of residential lots.
7.3.2.
Reeve v Hume City Council; (VCAT Reference number
P1120/2008):
The Tribunal dispelled the expectation that when it comes to
residentially zoned land, the focus of the three step approach
under the Native Vegetation Management Framework should be
on the last two steps of minimisation and offset.
7.3.3.
The recent amendments to clause 52.17 have shifted the focus to
avoidance and minimisation of clearing vegetation. The starting
point for considering the appropriateness of the development of
land containing native vegetation of very high conservation
significance is not the zoning of the land, but rather a
consideration of why such vegetation should be lost at all.
7.3.4.
North Burnside Pty Ltd v Melton Shire Council; (VCAT
Reference number P674/2006; P2948/2008):
A site in Melton had native vegetation of high and very high
conservation significance within it. The developer wanted to
exclude those parts of the site with these values from his
development plan: ‘leaving the fate of the rest to be determined in
the future’. The Tribunal found that: ‘a comprehensive
development plan for the whole site should be prepared before
any development proceeds’.
Policy Reference No: CP2011-11-18
Date of Adoption: 28 November, 2011
Review Date: July 2013
Responsible Officer: Manager Sustainable Environment
Department: City Sustainability
Page 8 of 9
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7.4. Council Policies
7.4.1. Open Space Strategy 2010 – 2015;
This document is being prepared to provide a planning framework for
the future planning and provision of open space across the
municipality. It also provides descriptions, functions, and guidelines for
the provision of facilities in each type of open space.
7.4.2. Sustainable Land Management Strategy (2010 - 2013);
This Strategy provides a framework for Council and the local
community to address land threats and improve land health across the
municipality. The Strategy identifies Council as a key land manager to
facilitate, support and improve land management in Hume.
7.4.3. Pathways to Sustainability Framework (2009);
In this Framework, Council commits itself to the review of
environmental controls within the Hume City Council Planning Scheme
and to undertake amendments to ensure that natural values, including
waterways, ecosystems and natural landscape features, are
adequately protected across the municipality.
7.4.4. Natural Heritage Strategy (2006);
Fundamental to the recommendations of the Strategy is the principle
that remaining indigenous vegetation should be preserved wherever
possible. Objective 4.3.1 is to ‘protect the coverage, quality, diversity
and connectivity of existing indigenous vegetation in Hume’.
7.4.5. Hume City Plan 2030 (2004);
The Hume City Plan 2030 includes protection and enhancement of
biodiversity within the city and establishing a strategy for ensuring a
net gain in native vegetation.
Policy Reference No: CP2011-11-18
Date of Adoption: 28 November, 2011
Review Date: July 2013
Responsible Officer: Manager Sustainable Environment
Department: City Sustainability
Page 9 of 9