New Native Vegetation Regulations set to simplify when native vegetation can be cleared

LG Leader July 2017

After much anticipation, the new Native Vegetation Regulations 2017 (SA) (“the Regulations”) under the Native Vegetation Act 1991 (SA) (“the Act”) are set to come into effect on 1 July 2017. The Regulations, Gazetted in February this year, replace the 2003 Regulations with a much more streamlined and efficient set of regulations, particularly with regards to permitted clearance activities.

As readers may be aware, the Act prevents the clearance of native vegetation outside of the Adelaide metropolitan area unless it is conducted with the approval of the Native Vegetation Council (“the NVC”) or if the clearance is within the prescribed circumstances listed in the Regulations.

The Regulations no longer refer to the prescribed circumstances as “exemptions”, which is fitting given that the majority of the “exemptions” under the 2003 Regulations still required some level of approval from the NVC. The Regulations break down the prescribed circumstances depending on the level of “approval” required. These are set out in Schedule 1. In summary, the new prescribed circumstances can be categorised as:

1. general clearances that do not require approval or notification to the NVC;
2. general clearances that do not require approval but require notification to the NVC;
3. fire hazard reduction clearances that do not require the approval of the NVC but do require the approval of the CFS;
4. clearances that are undertaken in accordance with guidelines published by the NVC or under a management plan approved by the NVC; and
5. clearances that require the approval of the NVC and an assessment of the environmental benefit.

The Regulations also introduce a “mitigation hierarchy”. This is a set of four principles that must be followed for all clearances of native vegetation (in additional to any consents or approvals required under the Act or Schedule 1). The principles are:

1. to take measures to avoid clearance of native vegetation wherever possible;
2. to minimise the duration, intensity and extent of impact of clearances on biological diversity;
3. to take measures to rehabilitate and restore ecosystems that have been degraded or destroyed by clearances;
4. to offset any significant impact on native vegetation or ecosystems through the achievement of a significant environmental benefit that outweighs that impact.

We look forward to the implementation of the new, simplified, Regulations and further publications from the NVC, in addition to their extensive existing library regarding prescribed circumstances.