Plantation Management – Regulation and Planning
Victoria
Legislation
Victorian legislation in practice
1. Planning and Environment Act 1987
In Victoria, the Planning and Environment Act 1987 provides the legislative mechanism for planning activities related to timber production and harvesting on private land.
Through the Planning and Environment (Planning Schemes) Act each local government area has its own planning scheme based on the State Planning Policy Framework with standard zones, overlays, particular provisions, general provisions and definitions. These operate within the provisions of the Victorian Planning Provisions.
The Council for each municipality is both the planning authority for preparing and amending the planning scheme and the responsible authority for making decisions under the planning scheme provisions. Each Council has prepared a planning scheme for its local area applying the VPP and including a Local Planning Policy Framework. Therefore the Local Council is the responsible authority for planning decisions related to timber production.
In 2004, a new suite of rural zones were introduced which better represent the State Government’s policies and objectives in relation to rural and regional land-use. The new zones are the Farming Zone (replaces rural zone); the Rural Activity Zone (a new zone); the Rural Living Zone; and the Rural Conservation Zone (which replaces the environmental rural zone). Local planning schemes are currently being amended to reflect the new zones.
State and Local Planning Policy Frameworks and the system of zones identify timber production “as-of-right” (Section 1 land-use) which means a permit is not required in the Farming Zone and the Rural Activity Zone, subject to compliance with conditions set out in Victorian Planning Provisions. These include various setbacks from dwellings and compliance with Section 52.18 of the Victorian Planning Provision, which includes a requirement to abide by the Code of Forest Practice for Timber Production. (Refer 1.2.3 below).
Local overlays or schedules to zones can impose a requirement for permits where one might normally assume ‘as-of-right’. Any such amendments to the planning scheme need to be approved by the Minister for Planning and a permit can only be required for plantations of at least 40 hectares in the one ownership. The local council has to make a strategic justification for any such restriction in its planning scheme.
Each local Shire must have a Municipal Strategic Statement (MSS) which sets out the strategic plan, land use and development objectives for the municipality and the strategies and actions for achieving the objectives, including those related to timber production and biodiversity conservation.
The MSS provides an opportunity for an integrated approach to planning and enables community involvement in its ongoing review. When preparing amendments to this scheme and before making decisions about permit applications, planning authorities must take the MSS into account.
Local Planning Policies are tools used to implement the objectives and strategies of the MSS. A Local Planning Policy gives the planning authority an opportunity to state its view of a planning issue, providing guidance to decision making on a day-to-day basis as well as interacting with the local community.
An inquiry by the Victorian Competition and Efficiency Commission into the impact of regulation on regional development recommended that the Department of Primary Industries should undertake a review of planning processes for the establishment of plantations (Recommendation. 10.1), due to inconsistency in the application of the Victorian Planning Provisions across local government areas.
Where a permit is not required for a plantation, the developer must lodge a Plantation Development Notice with the local council, advising location, extent, species, and year of planting and expected year of harvest. A Timber Harvesting Plan must be lodged prior to the commencement of harvesting.
With regard to native vegetation, under the provisions of all Planning Schemes, a permit is required to harvest native vegetation as part of a timber harvesting operation. Under the recent (2002) Victorian Native Vegetation Management Policy document (A Framework for Action) clearing of native vegetation may be permitted, however specific offset requirements must be met. Currently the exemptions to the native vegetation protection regulations are being reviewed.
Catchment based Regional Vegetation Management Plans have also been prepared, and focus on priority activities for the protection of existing vegetation and the regeneration of depleted vegetation communities.
1.1 Infrastructure issues
Section 52, 18-4 of the Victoria Planning Provisions under the Planning & Environment Act require plantation proponents to undertake a pre and post harvest assessment / agreement with Local Government of cartage road condition and make good any damage caused. This requirement does not apply to a range of other road users.
The Road Management Act 2004 provides local Councils with the right to recover damages through court if Council incurs extraordinary expenses in repairing a road damaged as a result of extraordinary traffic or excessive weight. Section 112 of the Road Management Act effectively replaces Section 207F of the Local Government Act which has been repealed.
2. Forests Act (1958) and Conservation Forests and Lands Act (1987)
The Forests Act 1958 applies to private forests on Crown leasehold and joint venture plantations with DSE. It also impacts on private land as it provides the power to compulsorily acquire private land for access and fire management requirements within the ‘marginal mile’ (1.5 km) of State forest. The Conservation Forests and Land Act 1987 centralises the legislative mechanism necessary for the delegation of powers by the Department, Minister and the Secretary (S.31), and for public participation in formulation of codes of practice such as the Code of Forest Practices for Timber Production.
3. The Code of Forest Practice for Timber Production
The Code has been developed to provide guidance to land managers and operators undertaking timber production activities on public and private land. It sets out state-wide goals and guidelines that apply to timber harvesting, timber extraction roading and regeneration in private and public native forests; as well as to the establishment and management of plantations. Its goals include:
- Land managed for forestry is adequately regenerated and managed following timber harvesting;
- Reforestation is achieved efficiently and with environmental care;
- Environmental values (including soil, landscape, flora, fauna, archaeological, historic, and cultural) are conserved, and water supply catchments are protected; and
- Opportunities are provided for recreation, scientific study and education.
On private land, operational conditions for each timber harvesting site is set out in a Timber Harvesting Plan. The goals and guidelines of the Code need to be considered and responses explicitly documented in the Timber Harvesting Plan. Timber Towns Victoria has established an accreditation panel for private foresters endorsed for coupe development and planning works on submission of timber harvesting plans.
Under the Code of Forest Practices for Timber Production plantation developers and owners are required to submit to the Shire, a Plantation Development Notice (PDN) prior to establishment (unless a permit is required) and a Timber Harvesting Plan (THP) prior to harvest.
The Code is administered by local government on private land. The Code of Forest Practices for Timber Production is currently being reviewed.
4. Forestry Rights Act 1996
The Forestry Rights Act 1996 provides for the ownership of trees to be separated from the land, by means of a Forest Property Agreement. The Forest Property Agreement between a land owner and a tree owner is notified on the title to the land, and gives security to the tree owner by protecting the rights to the trees even if the land changes ownership.
An amendment in May 2001 to the Forestry Rights Act 1996 recognises Carbon Sequestration Rights, and enables ownership of these rights separately from the trees and the land. Carbon Sequestration Rights allow investors, who do not want to own or manage trees, to buy and sell carbon as a third party, without affecting the ownership of the trees or the land. In the event of the forest property or land being sold, the rights of the carbon investor can be protected by the inclusion of suitable clauses in the Carbon Rights Agreement.
The Carbon Rights Agreement is between the tree owner and the carbon investor, and is attached to the Forest Property Agreement and subject to the conditions in that agreement. Only the Forest Property Agreement is notified on the land title, however, there is a legislative requirement to notify the Department of Sustainability and Environment of a Carbon Rights Agreement.
5. Country Fire Authority Act (1958)
In 2004, regulation was introduced requiring forest plantation companies to form fire brigades (Forest Industry Brigades). This aimed to ensure plantation owners with significant plantation assets made a contribution to the fire suppression capacity of the CFA with appropriate personnel and equipment to share in the state-wide fire suppression responsibilities.
These Forest Industry Brigades are operated by the plantation companies and are under the operational control of the CFA (Sections 27 & 30 of the CFA Act). Industry brigades are principally responsible to service their company’s plantation assets for wildfire response and fire management planning, and can assist in broader fire fighting activities as requested.
The CFA have compiled draft Fire Prevention Design Guidelines for plantations, which are not mandatory at this stage.
