David Hansen
Hansen Planning Services
P.O. Box 681
Mount Eliza VIC 3930
Date: 24 March 2014
Our reference: 5838
Dear David,
Re: Biodiversity Assessment Report for the Peninsula Link Freeway Service Centres, Baxter.
1. Introduction
Ecology and Heritage Partners Pty Ltd was commissioned by Hansen Planning Services (on behalf of AA
Holdings Pty Ltd) to prepare a Biodiversity Assessment Report for the Peninsula Link Freeway Service Centres
(PLFSC), Baxter, Victoria. A Net Gain assessment has previously been conducted (Ecology and Heritage
Partners 2012) under Victoria’s Native Vegetation Management: A Framework for Action (NRE 2002) which
has now been replaced by the Permitted Clearing of Native Vegetation: Biodiversity Assessment Guidelines
(Biodiversity Assessment Guidelines) (DEPI 2013a). As per DEPI’s transition guidelines, proposed vegetation
removals within the study area must be assessed under the Biodiversity Assessment Guidelines. This
assessment was undertaken to identify the offset requirements under the current policy and to meet the
conditions outlined under Clause 5.5 (Condition [g(b)]) of the approved Amendment C195 to the Mornington
Peninsula Planning Scheme.
The study area covers approximately 66 hectares and is located approximately 800 metres to the south of
the Moorooduc Highway / Sages Road intersection (Figure 1). According to the Department of
Environment’s and Primary Industries (DEPI) Biodiversity Interactive Map (DEPI 2014a) the study area occurs
within the Gippsland Plain bioregion, the Port Phillip and Western Port Catchment Management Authority
and the Mornington Peninsula municipality.
2. Methods
Data for native vegetation to be removed was based on previous assessments (Ecology and Heritage
Partners 2012).
Permitted Clearing Assessment
The planning system manages the impacts on biodiversity from native vegetation removal using a risk-based
approach. Two factors – extent risk and location risk – are used to determine the risk associated with an
application for a permit to remove native vegetation (Table 1).
1
The extent risk is determined by the extent of native vegetation (in hectares) or the number of scattered
trees that are proposed to be removed. The location risk (A, B or C) has been determined for all areas in
Victoria and is available on DEPI’s Native Vegetation Information Management Tool (DEPI 2014b). The riskbased pathway is determined by combining the extent risk and the location risk of the vegetation to be
removed.
Table 1. Risk-based pathways for applications to remove remnant patches of native vegetation and scattered trees
(DEPI 2013)
Extent*
Native Vegetation
A
B
C
< 0.5 hectares
Low
Low
High
≥ 0.5 hectares and < 1 hectare
Low
Moderate
High
Moderate
High
High
< 15 scattered trees
Low
Moderate
High
≥ 15 scattered trees
Moderate
High
High
≥ 1 hectare
Scattered Trees
Location
* For the purpose of determining the risk-based pathway of an application to remove native vegetation the extent includes any other
native vegetation that was permitted to be removed on the same contiguous parcel of land with the same ownership as the native
vegetation to be removed, where the removal occurred in the five year period before and application to remove native vegetation is
lodged.
For Low Risk pathways:

The extent (in hectares) of native vegetation is determined by a site assessment.

The condition of native vegetation is based on modelled data (although a proponent may
commission on-ground assessments), available on DEPI’s NVIM Tool (DEPI 2014b).

The NVIM Tool is an online user interface that determines biodiversity loss and offset obligations for
Low Risk Pathway applications based on user-entered data. The tool then provides a biodiversity
offset report summarising this information.
For Moderate and High Risk pathways:

Extent (in hectares) and condition score are calculated based on a detailed habitat hectare
assessment conducted by a qualified ecologist.

Data gathered during the site assessment is provided to DEPI for analysis and a resulting biodiversity
offset report is provided by the Department.
3. Results
Permitted Clearing Assessment
The study area falls within Location Risk A and eight scattered trees are proposed to be removed. As such,
the permit application falls under the Low Risk pathway.
2
Data from previous habitat hectare assessments (Ecology and Heritage Partners 2012) was applied to the
NVIM Tool (DEPI 2014b) and the resulting biodiversity offset report is presented in Appendix 1.
Based on the Biodiversity Assessment Report for the alleged disturbed area, the vegetation loss due the
recent works comprises 0.039 Biodiversity Equivalence Units. Based upon these losses, there is an offset
requirement of 0.059 Biodiversity Equivalence Units.
4. Legislative and Policy Implications
Planning and Environment Act 1987
The Planning and Environment Act 1987 outlines the legislative framework for planning in Victoria and for
the development and administration of planning schemes. All planning schemes contain native vegetation
provisions at Clause 52.17, which require a planning permit from the relevant local Council to remove,
destroy or lop native vegetation on a site of more than 0.4 hectares, unless an exemption clause under
52.17-6 of the Victorian Planning Schemes applies or a subdivision is proposed with lots less than 0.4
hectares1.
Local Planning Schemes
The overall Peninsula Link Project Incorporated Document was amended in February 2014 by Amendment
C195 to the Mornington Peninsula Planning Scheme to include approval of the twin Freeway Service Centres
at Baxter under Clause 5.5, including the removal of native vegetation. Therefore, a permit is not required
from the Responsible Authority (Mornington Peninsula Shire Council) for the removal of native vegetation.
However, under Condition g[b] of Clause 5.5 of the amended Incorporated Document the developer is
required to submit “details of how native vegetation removal will comply with ‘Victoria’s Native Vegetation
Management, A Framework for Action’ (NRE 2002), including any offset measures”. However, as per DEPI’s
transition guidelines, proposed vegetation removals must comply with Biodiversity Assessment Guidelines
(DEPI 2013a) in order to offset the loss.
Biodiversity Assessment Guidelines
Areas of remnant native vegetation, Scattered Trees and habitat for rare or threatened species must be
offset if they are proposed to be disturbed as part of the project. The results of the permitted clearing
assessment under the Biodiversity Assessment Guidelines are presented above.
5. Offset Strategy
Potential offsets may be achieved on-site through revegetation according to the Ecological Vegetation Class
that formerly occupied the site.
The revegetation must be done in accordance with the minimum planting standard specified in Appendix 2
of the Native Vegetation Scoring Manual (Version 1) (DEPI 2013b) and meet the following size requirements:
1
In accordance with the Victorian Civil and Administrative Tribunal’s (VCAT) decision Villawood v Greater Bendigo CC
(2005) VCAT 2703 (20 December 2005) all native vegetation is considered lost where proposed lots are less than 0.4
hectares in area and must be offset at the time of subdivision.
3

At least one hectare in size;

Have an average width of at least 20 metres; and,

Have a perimeter to area ratio of 1:20 (i.e. Area [m2] divided by the perimeter [m]).
Alternatively, offsets may be sourced off-site via the following mechanisms:

BushBroker: BushBroker maintains a register of landowners who are willing to sell offset credits.
Offsets secured by Bushbroker are done so via a Section 69 Agreement under the Conservation,
Forest and Lands Act 1987.

Trust for Nature: Trust for Nature holds a list of landowners who are willing to sell vegetation offsets.
Offsets secured by Trust for Nature are done so under the Victorian Conservation Trust Act 1972.

Local Councils: The proponent may contact local councils to seek availability of offsets.

Over-the-Counter Offsets Scheme: The Native Vegetation Permitted Clearing Regulations
(Biodiversity Assessment Guidelines), to be implemented in 2014, include the expansion of the
“Over-the-Counter” (OTC) Offsets Scheme, allowing non-government agencies to establish
themselves as OTC Facilities. OTC Facilities will broker native vegetation offsets (credits) between
landholders (with offset sites) and permit holders (with offset requirements). The OTC Offsets
Scheme differs from other third party offsets (Bushbroker, Trust for Nature) as permit holders will
not be required to search through multiple offset sites and negotiate with landholders. They will
only need to pay a predetermined fee to the OTC Facility, based on their offset requirements and
the offset price. Following payment, the permit holder will receive a Credit Extract as proof that
they have satisfied their offset requirements. Ecology and Heritage Partners is in the process of
establishing an OTC Facility.
Currently native vegetation credits are not available for purchase in order to offset vegetation removals
under the Biodiversity Assessment Guidelines (DEPI 2013a), as the data is currently in the format of the
superseded native vegetation policy (NRE 2002). DEPI advise that native vegetation credit under the current
policy should be available for purchase within the next month.
4
6. Further Requirements
Further requirements associated with development of the study area, as well as additional studies or
reporting that may be required in relation to native vegetation removal, are provided in Table 2, below.
Table 2. Further requirements associated with development of the study area
Relevant Legislation
Implications
Further Action
Planning and
Environment Act 1987
The Peninsula Link Project Incorporated Document
was amended in February 2014 by Amendment C195
to the Mornington Peninsula Planning Scheme to
include approval of the twin Freeway Service Centres
at Baxter under Clause 5.5, including the removal of
native vegetation. No further permit is required under
the Mornington Peninsula Planning Scheme.
Source native vegetation offsets and obtain
approval by the Regulatory Authority.
An appropriate Environmental Management Plan
must be submitted to, and approved by, the
Responsible Authority outlining how the native
vegetation removals will comply with the Biodiversity
Assessment Guidelines (DEPI 2013).
I trust the foregoing has been of assistance. If you have any questions or require further information don’t
hesitate to contact me.
Kind regards,
Dr Andrew Warnock
Botanist
Ecology and Heritage Partners Pty Ltd
5
References
DEPI 2013a. Biodiversity Assessment Guidelines: Permitted clearing of native vegetation. Victorian
Department of Environment and Primary Industries.
DEPI 2013b. Native Vegetation Scoring Manual (Version 1). Victorian Department of Environment and
Primary Industries.
DEPI
2014a.
Biodiversity
Interactive
Map
[WWW
Document].
URL
http://mapshare2.dse.vic.gov.au/MapShare2EXT/imf.jsp?site=bim (accessed 1.4.12). Victorian
Department of Environment and Primary Industries.
DEPI
2014b. Native Vegetation Information Management Tool [WWW Document]
http://nvim.depi.vic.gov.au/ Victorian Department of Environment and Primary Industries.
URL
Ecology and Heritage Partners 2012. Revised Net Gain Report following changes to the Development Plan
for the Proposed Peninsula Link Freeway Services Centre, Baxter, Victoria. Unpublished Report for
Hanson Planning Services.
NRE 2002. Victoria’s Native Vegetation Management: A Framework for Action. Victorian Department of
Environment and Primary Industries.
6
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VicMap Data: The State of Victoria does not warrant the
accuracy or completeness of information in this publication
and any person using or relying upon such information does
so on the basis that the State of Victoria shall bear no
3402_Fig01_StudyArea.mxd
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responsibility or
liability whatsoever for any errors,
faults,RLG
defects or omissions in the information.
Appendix 3 – Biodiversity Offset Report (DEPI 2014)
8
Biodiversity assessment report
Biodiversity information for applications for permits to remove native vegetation
under clause 52.16 or 52.17 of the Victoria Planning Provisions
Date of issue:
24 March 2014
Time of issue: 12:06:57
Property address
129 MOOROODUC HIGHWAY BAXTER 3911
129A MOOROODUC HIGHWAY BAXTER 3911
Summary of marked native vegetation
Risk-based pathway
Low
Total extent
8 trees
Scattered trees
Location risk
8 trees
A
See Appendix 1 for risk-based pathway details
Offset requirements
If a permit is granted to remove the marked native vegetation, a requirement to obtain a native vegetation offset will be included in
the permit conditions. The offset must meet the following requirements:
Offset type
General offset
Offset amount (general biodiversity
equivalence units)
0.059
Offset attributes
Vicinity
Port Phillip And Westernport Catchment Management Authority (CMA)
Minimum strategic biodiversity
score
0.233
Strategic biodiversity score of marked
native vegetation
0.291
See Appendix 2 for offset requirements details
Biodiversity assessment report
Page 1
Biodiversity assessment report
Next steps
This proposal to remove native vegetation must meet the application requirements of the low risk-based pathway and it will be
assessed in the low risk-based pathway.
If you wish to remove the marked native vegetation you are required to apply for a permit from your local council.
The Biodiversity assessment report should be submitted with your application for a permit to remove native vegetation you plan to
remove, lop or destroy.
The Biodiversity assessment report provides the following information that is required to be provided with your application for a
permit to remove native vegetation:
‡
‡
‡
‡
‡
‡
The location of the site where native vegetation is to be removed.
The area of the patch of native vegetation and/or the number of any scattered trees to be removed.
Maps or plans containing information set out in the Permitted clearing of native vegetation - Biodiversity assessment
guidelines.
The risk-based pathway of the application for a permit to remove native vegetation.
The strategic biodiversity score of the native vegetation to be removed.
The offset requirements should a permit be granted to remove native vegetation.
If you have undertaken any permitted clearing on your property within the last five years contact DEPI to confirm offset
requirements.
Additional information is required when submitting an application for a permit to remove native vegetation. Refer to the Permitted
clearing of native vegetation - Biodiversity assessment guidelines for a full list of application requirements.
Biodiversity assessment report
Page 2
Biodiversity assessment report
Maps of marked native vegetation
Biodiversity assessment report
Page 3
Biodiversity assessment report
See Appendix 3 for biodiversity information maps
© The State of Victoria Department of Environment and Primary Industries 2013
This publication is copyright. No part may be reproduced by any process except
in accordance with the provisions of the Copyright Act 1968.
Obtaining this publication does not guarantee that an application will meet the
requirements of clauses 52.16 or 52.17 of the Victoria Planning Provisions or
that a permit to remove native vegetation will be granted.
Authorised by the Victorian Government, 8 Nicholson Street, East Melbourne.
Notwithstanding anything else contained in this publication, you must ensure that
you comply with all relevant laws, legislation, awards or orders and that you
obtain and comply with all permits, approvals and the like that affect, are
applicable or are necessary to undertake any action to remove, lop or destroy or
otherwise deal with any native vegetation or that apply to matters within the
scope of clauses 52.16 or 52.17 of the Victoria Planning Provisions.
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.
www.depi.vic.gov.au
Biodiversity assessment report
Page 4
Biodiversity assessment report
Appendix 1 - Risk-based pathway details
Risk-based pathway
Low
Total extent
8 trees
Scattered trees
8 trees
Location risk
A
Why is the risk-based pathway low?
The following table explains how the risk-based pathway is determined:
Extent
Location A
Location B
Location C
< 15 scattered trees
Low
Moderate
High
•scattered trees
Moderate
High
High
The marked native vegetation is located entirely within Location A and has a total extent of less than 15 scattered trees.
At this location, native vegetation removal of this size is not expected to have a significant impact on the habitat of any rare or
threatened species. As a result, an application for the removal of this native vegetation must meet the requirements of, and will be
assessed in, the low risk-based pathway.
For further information on location risk please see Native vegetation location risk map factsheet. For information on the
determination of the risk-based pathway see Permitted clearing of native vegetation ±Biodiversity assessment guidelines.
Have you received a planning permit to remove native vegetation in the last five years?
If you have undertaken any permitted clearing on your property within the last five years, the extent of this past clearing must be
included in the total extent of your current permit application. The risk-based pathway for your application requirements and
assessment pathway is determined using the combined extent of permitted clearing within the last five years and proposed
clearing.
If the risk-based pathway determined from this combined extent is low, contact DEPI to confirm offset requirements.
Biodiversity assessment report
Page 5
Biodiversity assessment report
Appendix 2 - Offset requirements details
If a permit is granted to remove the marked native vegetation the permit condition will include the requirement to obtain a native
vegetation offset. This offset must meet the following requirements:
Offset type
General offset
Offset amount (general biodiversity
equivalence units)
0.059
Offset attributes
Vicinity
Port Phillip And Westernport Catchment Management Authority (CMA)
Minimum strategic biodiversity
score
0.233
Strategic biodiversity score of marked
native vegetation
0.291
Native vegetation to be removed
Total extent (hectares) for
calculating habitat hectares
0.568
This is the total area of the marked native vegetation in hectares.
The total extent of native vegetation is an input to calculating the habitat
hectares of a site and in calculating the general biodiversity equivalence
score. Where the marked native vegetation includes scattered trees,
each tree is converted to hectares using a standard area calculation of
0.071 hectares per tree.
Condition score*
0.237
This is the weighted average condition score of the marked native
vegetation. This condition score has been calculated using the Native
vegetation condition map.
The condition score of native vegetation is a site-based measure of how
close the native vegetation is to its mature natural state, as represented
by a benchmark reflecting pre-settlement circumstances. The Native
vegetation condition map is a modelled layer based on survey data
combined with a benchmark model and a range of other environmental
data.
Habitat hectares
0.135
Habitat hectares is a site-based measure that combines extent and
condition of native vegetation. The habitat hectares of native vegetation
is equal to the current condition of the vegetation (condition score)
multiplied by the extent of native vegetation.
Habitat hectares = total extent x condition
Strategic biodiversity score
0.291
This is the weighted average strategic biodiversity score of the marked
native vegetation. This strategic biodiversity score has been calculated
using the Strategic biodiversity map.
The strategic biodiversity score of native vegetation is a measure of the
native vegetation¶s importance for Victoria¶s biodiversity, relative to other
locations across the landscape. The Strategic biodiversity map is a
modelled layer that prioritises locations on the basis of rarity and level of
depletion of the types of vegetation, species habitats, and condition and
connectivity of native vegetation.
Biodiversity assessment report
Page 6
Biodiversity assessment report
General biodiversity
equivalence score
0.039
The general biodiversity equivalence score quantifies the relative overall
contribution that the native vegetation to be removed (the marked native
vegetation) makes to Victoria¶s biodiversity. It is calculated as follows:
General biodiversity equivalence score = habitat hectares × strategic
biodiversity score
* Offset requirements for partial clearing: If your proposal is to remove parts of the native vegetation in a remnant patch (for example only understorey plants) the
condition score must be adjusted. This will require manual editing of the condition score, and an update to the following calculations that the biodiversity assessment
tool has provided: habitat hectares, general biodiversity equivalence score and offset amount.
Offset requirements
Offset type
General offset
A general offset is required when a proposal to remove native
vegetation is not deemed, by application of the specific-general offset
test, to have a significant impact on habitat for any rare or threatened
species. All proposals in the low risk-based pathway will require a
general offset.
Risk factor for general
offsets
1.5
There is a risk that the gain from undertaking the offset will not
adequately compensate for the loss from the removal of native
vegetation. If this were to occur, despite obtaining an offset, the overall
impact from removing native vegetation would result in a loss in the
contribution that native vegetation makes to Victoria¶s biodiversity.
To address the risk of offsets failing, an offset risk factor is applied to the
calculated loss to biodiversity value from removing native vegetation.
Offset amount (general
biodiversity equivalence
units)
0.059
This is calculated by multiplying the general biodiversity equivalence
score of the native vegetation to be removed by the risk factor for
general offsets. This number is expressed in general biodiversity
equivalence units and is the amount of offset that is required to be
provided should the application be approved. This offset requirement
will be a condition to the permit for the removal of native vegetation.
Risk adjusted general biodiversity equivalence score = general
biodiversity equivalence score clearing × 1.5
Minimum strategic
biodiversity score
0.233
The strategic biodiversity score of the offset site must be at least 80 per
cent of the strategic biodiversity score of the native vegetation to be
removed. This is to ensure offsets are located in areas with a strategic
value that is comparable to, or better than, the native vegetation to be
removed.
Vicinity
Port Phillip And
Westernport CMA
The offset site must be located within the same Catchment Management
Authority boundary as the native vegetation to be removed.
Biodiversity assessment report
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Biodiversity assessment report
Appendix 3 - Biodiversity information maps
Biodiversity assessment report
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Biodiversity assessment report
Biodiversity assessment report
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Biodiversity assessment report
Biodiversity assessment report
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