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Native Vegetation Credit Market Bill 2014

TABLE OF PROVISIONSClause Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 23 Definitions 24 Objects of Act 115 Habitat importance threshold test 116 Potential gain 127 Native vegetation credits not personal property 128 Act binds the Crown 13

PART 2—CREATION OF NATIVE VEGETATION CREDITS FOR PRIVATE LAND 14

Division 1—Application for native vegetation credits 14

9 Application for native vegetation credits 1410 Secretary may require further information 1511 Secretary may require application to be amended 1512 Secretary to accept, amend or reject application 1613 Offence to provide false or misleading information or document 17

Division 2—Recording of native vegetation credits 18

14 Native vegetation credits must be recorded 18

PART 3—CREATION OF NATIVE VEGETATION CREDITS FOR CROWN LAND 19

Division 1—General 19

15 Holder of credits created under Part 3 19

Division 2—Creation of native vegetation credits for Crown land 19

16 When native vegetation credits can be created for Crown land 1917 Creation of native vegetation credits for unreserved Crown land 2018 Creation of native vegetation credits for reserved Crown land 2219 Native vegetation credits must be recorded 24

PARLIAMENT OF VICTORIA

571370B.I-27/5/2014 BILL LA INTRODUCTION 28/5/20141

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Division 3—Application for native vegetation credits prior to purchase of land 25

20 Application for native vegetation credits with Ministerial consent 25

21 Secretary may require further information 2622 Secretary may require application to be amended 2723 Secretary must accept, amend or reject application 27

Division 4—Purchase of land 29

24 Agreement for the purchase of land 2925 Land purchased under this Part taken to be reserved 3026 Notification of purchase 3027 Publication of purchase 31

Division 5—Vegetation improvement plans 31

28 Preparation of vegetation improvement plans 3129 Approval of vegetation improvement plan 3230 Period during which vegetation improvement plan has effect 3331 Variation of vegetation improvement plans 3332 Recording of cancellation or allocation of credits under

section 31 38

PART 4—CALCULATION OF NATIVE VEGETATION CREDITS 39

33 Calculation of native vegetation credits that may be created in relation to a site 39

34 Calculation of general gain for a site 3935 Calculation of specific gain for a site 40

PART 5—NATIVE VEGETATION MANAGEMENT AGREEMENTS WITH OWNERS OF PRIVATE LAND 43

36 Native vegetation management agreements 4337 Recording of native vegetation management agreements 4438 Effect of recording of agreement 4539 Native vegetation management agreement fee 4640 Variation of agreements relating to land for which credits are

created 4641 Variation of agreements relating to land for which credits are

not created 5142 Recording of variation on Land Register 5143 Cancellation of native vegetation management agreements 5244 Recording of cancellation on Land Register 5445 Recording of cancellation or allocation of credits on Native

Vegetation Credit Register 55

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PART 6—NATIVE VEGETATION CREDIT REGISTER 56

Division 1—Native Vegetation Credit Register 56

46 Register to be kept 56

Division 2—Registrar and staff 56

47 Employment of Registrar and staff 5648 Functions of Registrar of Native Vegetation Credits 5649 Delegation of functions 57

Division 3—Records 57

50 Native vegetation credit records 5751 Recording of legal personal representative 5852 Recording of survivor of joint holding 5953 Recording of trustee in bankruptcy 60

Division 4—Access to information in the Native Vegetation Credit Register 61

54 Disclosure of information to the Secretary 6155 Information available from the Native Vegetation Credit

Register 6156 Suppression of certain personal records and information 6257 Right of review 6358 Searching the Native Vegetation Credit Register 63

Division 5—Correction and amendment of the Native Vegetation Credit Register 64

59 Correction and amendment of the Native Vegetation Credit Register 64

60 Notification of interested persons 65

Division 6—General 66

61 Registrar of Native Vegetation Credits may require proof of identity 66

PART 7—ALLOCATION OF NATIVE VEGETATION CREDITS 67

62 Definition 6763 Allocation of native vegetation credits 6764 Allocation must be recorded 6865 Limits on allocation of native vegetation credits 6966 Cancellation of corresponding alternate credits on allocation 6967 Application for reversal of allocation of credits 6968 Reversal of allocation by Minister of credits created for Crown

land 7069 Notification and recording of reversal of allocation 71

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PART 8—TRANSFER OF NATIVE VEGETATION CREDITS 72

70 Native vegetation credits may be transferred 7271 Consideration for transfer 7272 Automatic transfer of native vegetation credits on transfer of

land 7273 Native vegetation credits cannot be transferred if previously

allocated 7374 Native vegetation credits cannot be transferred if suspended or

cancelled 7375 Secretary must approve certain transfers of credits 7376 Transfer of certain credits held by the Minister 7677 Application to Registrar of Native Vegetation Credits for

recording of transfer of credits 7778 Recording of transfer of native vegetation credits 78

PART 9—SUSPENSION AND CANCELLATION OF NATIVE VEGETATION CREDITS 79

Division 1—Suspension of native vegetation credits 79

79 Suspension on grounds of false or misleading information 7980 Recording of suspension and lifting of suspension 80

Division 2—Cancellation of native vegetation credits 81

81 Cancellation on basis of false or misleading information 8182 Cancellation for non-compliance with native vegetation

management agreement 8183 Recording of cancellation 82

PART 10—NATIVE VEGETATION CREDIT FUND 83

Division 1—Native Vegetation Credit Fund 83

84 Native Vegetation Credit Fund established in Trust Fund 8385 Money paid into the Fund 83

Division 2—Notification of transfer of land 83

86 Owner of land to notify Secretary if land transferred 83

Division 3—Payments from the Fund 84

87 Payments from the Fund 8488 Initial payment to owner of private land 8489 Payments to owner of private land for meeting requirements 8590 Initial payment to Crown land manager 8691 Payments to Crown land manager for meeting requirements 8792 Unpaid consideration 88

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PART 11—REPORTING, ENFORCEMENT AND COMPLIANCE 90

Division 1—Preliminary 90

93 Definitions 90

Division 2—Reporting obligations 90

94 Owner of land to provide annual report to Secretary 9095 Crown land manager to provide annual report to Secretary 9296 Crown land Ministers to provide annual report 9397 Periodic reports for private land 94

Division 3—Monitoring and investigation powers 95

98 Power to enter land with consent 9599 Acknowledgement of consent to entry and search under

section 98 98100 Power to enter land with notice 99101 Acknowledgement of things to be taken under section 100 101102 Power to enter land with warrant 102103 Announcement before entry on warrant 104104 Copy of warrant to be given to occupier 105105 Production of identification 105106 Offences relating to enforcement 105107 Duty to minimise inconvenience or damage 106108 Requirements as to taking samples and seizure 106109 Analysis and return of samples 107

Division 4—Enforcement 107

110 Power of Secretary to give directions 107111 Automatic suspension of native vegetation credits 109112 Secretary may take action required by notice 110113 Enforcement orders 111114 Injunctions 112115 Amount due to Secretary is a first charge on land 112116 Power of sale 113

Division 5—Offences 115

117 Removal, destruction or lopping of protected native vegetation 115118 Damage or degradation to protected native vegetation 115119 Compliance with native vegetation management agreement 116120 Orders to undertake specified works 116

Division 6—Enforceable undertakings 117

121 Enforceable undertakings 117122 Effect of undertakings 118123 Enforcement of undertakings 118

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124 Register of undertakings 120

Division 7—Review or reconsideration of decisions 120

125 Definition 120126 Reconsideration of decisions 121127 Review of decisions by VCAT 122

PART 12—GENERAL 124

128 Secretary may set fees for services provided by Department employees 124

129 Secretary may approve forms 124130 Regulations 124

PART 13—CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS 129

Division 1—Transitional Provisions 129

131 Definition 129132 Pre-existing credits 129

Division 2—Consequential Amendments 131

133 Conservation, Forests and Lands Act 1987 131134 Crown Land (Reserves) Act 1978 131135 National Parks Act 1975 132136 Planning and Environment Act 1987 132137 Traditional Owner Settlement Act 2010 134138 Wildlife Act 1975 135139 Repeal of Division 2 135

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ENDNOTES 136

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A Bill for an Act to establish a native vegetation credit market, to make consequential amendments to other Acts and for other purposes.

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The purposes of this Act are—

(a) to provide for the creation of native vegetation credits; and

(b) to enable the Secretary to enter into native vegetation management agreements with land owners; and

(c) to enable vegetation improvement plans to be prepared for certain Crown land; and

(d) to establish a Native Vegetation Credit Register; and

Introduced in the Assembly



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(e) to set out the purposes for which native vegetation credits may be used; and

(f) to provide for the transfer, suspension and cancellation of native vegetation credits; and

(g) to establish a Native Vegetation Credit Fund; and

(h) to enable requirements relating to native vegetation management agreements and native vegetation credits to be enforced; and

(i) to make consequential amendments to other Acts.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 July 2015, it comes into operation on that day.

3 Definitions

In this Act—

authorised officer means a person appointed as an authorised officer by the Secretary under Part 9 of the Conservation, Forests and Lands Act 1987 for the purposes of this Act;

biodiversity class area means a part of a site that is less than the area of that site and either—

(a) if section 5 does not apply to the site, in which—

(i) there is the same number of habitat importance scores and those scores relate to the same species of rare or threatened flora or fauna; or

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s. 2

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(ii) if there are habitat importance scores in any other part of the site, there are no habitat importance scores; or

(b) if section 5 applies to the site, in which—

(i) there is the same number of habitat importance scores that relate to species of rare or threatened flora or fauna in relation to which the site has a relative importance greater than the threshold and those scores relate to the same species of flora or fauna; or

(ii) if there are habitat importance scores that relate to species of rare or threatened flora or fauna in relation to which the site has a relative importance greater than the threshold in any other part of the site, there are no such habitat importance scores;

catchment and land protection region has the same meaning as region has in the Catchment and Land Protection Act 1994;

Central Plan Office means the Central Plan Office maintained under the Survey Co-ordination Act 1958;

compatible purpose means any of the following purposes—

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s. 3

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(a) the preservation of areas of ecological significance;

(b) carbon sequestration in vegetation and soil;

(c) the preservation of species of native plants;

(d) the propagation or management of wildlife or the preservation of wildlife habitat;

compatible reserve means Crown land—

(a) described in Schedule Two (National Parks), Schedule Two A (Wilderness Parks), Schedule Two B (State Parks) and Parts 1A, 2A, 3, 6, 9 and 15 of Schedule Three (Other Parks) to the National Parks Act 1975; or

(b) permanently reserved under the Crown Land (Reserves) Act 1978 for a compatible purpose; or

(c) described in section 44 of the Crown Land (Reserves) Act 1978;

corresponding alternate credit, in relation to a native vegetation credit created for a site or a biodiversity class area (the original credit), means a native vegetation credit—

(a) that is or has been created for the same site or biodiversity class area as the original credit; and

(b) if the original credit is a general biodiversity credit, that is a specific biodiversity credit for that site or biodiversity class area; and

(c) if the original credit is a specific biodiversity credit, that is—

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s. 3

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(i) a general biodiversity credit; or

(ii) a specific biodiversity credit created in relation to a different relevant species;

Crown land means land that is unalienated land of the Crown and includes land of the Crown reserved permanently or temporarily by or under an Act;

Crown land manager, in relation to Crown land, means the person or body responsible, under the Act under which the land is managed, for the management of that land;

fauna has the same meaning as in the Flora and Fauna Guarantee Act 1988;

flora has the same meaning as in the Flora and Fauna Guarantee Act 1988;

Fund means the Native Vegetation Credit Fund established under section 84;

general biodiversity credit means a native vegetation credit created using a calculation of general gain;

general gain, in relation to a site, means the gain calculated in accordance with section 34;

habitat importance score, in relation to a site or biodiversity class area, means the importance of that site or biodiversity class area as habitat for an identified species of rare or threatened flora or fauna, calculated in the prescribed manner;

Land Register means the Register kept under the Transfer of Land Act 1958;

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Melbourne Strategic Assessment Area means the area prescribed for the purposes of this definition;

native vegetation means any plant that is indigenous to Victoria, whether vascular or non-vascular and whether living or dead;

native vegetation credit means a native vegetation credit created under Part 2 or Part 3;

Native Vegetation Credit Register means the register of native vegetation credits established under Part 6;

native vegetation management agreement means an agreement entered into under Part 5;

native vegetation management agreement fee means the fee payable under section 39;

nature and attributes, in relation to a native vegetation credit, means—

(a) whether the credit is a general biodiversity credit or a specific biodiversity credit; and

(b) if the credit is a specific biodiversity credit, the relevant species; and

(c) the details of any corresponding alternate credits for that credit; and

(d) the strategic biodiversity score for the site or biodiversity class area for which the credit was created; and

(e) if the credit was created for a biodiversity class area, a description of the biodiversity class area; and

(f) the catchment and land protection region in which the site or biodiversity class area for which the credit was created is located; and

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(g) any information prescribed for the purposes of this definition;

noxious weed has the same meaning as in the Catchment and Land Protection Act 1994;

offset condition means a requirement, imposed by either a planning permit or a planning scheme, that the removal, lopping or destruction of native vegetation be offset;

owner, in relation to land, means the person who is the registered proprietor (within the meaning of the Transfer of Land Act 1958) of the land;

planning permit means a planning permit issued under the Planning and Environment Act 1987;

planning scheme means a planning scheme made under the Planning and Environment Act 1987;

potential gain has the meaning set out in section 6;

pre-existing credit means a credit identified by the Order made under section 132 as existing before the commencement of this Act;

private land means land under the Transfer of Land Act 1958, other than—

(a) land in an identified folio under that Act; or

(b) a lease of Crown land registered under that Act;

qualified assessor means—

(a) a person employed under Part 3 of the Public Administration Act 2004 who

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the Secretary authorises to act as a qualified assessor for the purposes of this Act; or

(b) a person who meets the criteria prescribed for the purposes of this definition;

Registrar of Native Vegetation Credits means the Registrar employed for the purposes of this Act;

Registrar of Titles means the Registrar of Titles under the Transfer of Land Act 1958;

relevant Crown land Minister means—

(a) in relation to land reserved under the Crown Land (Reserves) Act 1978 for the propagation or management of wildlife or the preservation of wildlife habitat, the Minister administering the Wildlife Act 1975; or

(b) in relation to land reserved under the Crown Land (Reserves) Act 1978 for a purpose other than the purpose described in paragraph (a), the Minister administering the Crown Land (Reserves) Act 1978; or

(c) in relation to land managed under the National Parks Act 1975, the Minister administering that Act;

relevant land agreement, in relation to Crown land, means any lease or licence of that land made under the Act under which the land is managed;

relevant land management plan, in relation to Crown land, means—

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(a) a plan of management prepared for that land under section 18 of the Wildlife Act 1975; or

(b) a management plan prepared in respect of that land under section 17, 17B or 18 of the National Parks Act 1975; or

(c) a joint management plan for that land within the meaning of section 82A of the Conservation, Forests and Lands Act 1987;

relevant species, in relation to a specific biodiversity credit, means the species of rare or threatened flora or fauna that relates to the habitat importance score used in the calculation of the specific gain used in the creation of that credit;

reservation gain, in relation to a site or biodiversity class area on Crown land, means any increase in the protections for native vegetation on the site or biodiversity class area that results from the site or biodiversity class area being reserved for a compatible purpose;

Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;

site means an area of land—

(a) that is subject to an application or determination for the creation of native vegetation credits; or

(b) for which native vegetation credits have been created;

site management plan, in relation to land, means the following information, in the prescribed form—

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(a) the requirements to improve the quality, extent or both of the native vegetation on the land that are proposed to be carried out by or on behalf of the owner of the land during the 10-year period beginning on the day on which a native vegetation management agreement relating to the land comes into effect;

(b) the requirements to protect and maintain the native vegetation on the land during and after the period referred to in paragraph (a);

(c) any other details prescribed for the purposes of this definition;

specific biodiversity credit means a native vegetation credit—

(a) that is created in relation to a site or biodiversity class area that has one or more habitat importance scores; and

(b) the creation of which uses a calculation of specific gain;

specific gain, in relation to a site, means the gain calculated in accordance with section 35;

strategic biodiversity score, in relation to a site or biodiversity class area, means the importance of that site or biodiversity class area for Victoria's biodiversity, calculated in the prescribed manner;

vegetation improvement plan means a plan prepared under Division 5 of Part 3.

4 Objects of Act

The objects of this Act are—

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(a) to contribute to long-term biodiversity in Victoria; and

(b) to balance the economic and environmental considerations involved in the use and development of land and the protection of Victoria's native vegetation; and

(c) to facilitate an efficient and effective native vegetation offset market in Victoria; and

(d) to contribute to the achievement of best practice in relation to environmental regulation in Victoria.

5 Habitat importance threshold test

(1) This section applies in relation to a site if an application or determination for the creation of native vegetation credits for that site does not contain a statement described in section 9(3)(g), 17(3)(h), 18(3)(i) or 20(3)(h).

(2) If this section applies, a reference to a habitat importance score for a site or biodiversity class area includes only habitat importance scores that relate to an identified species of rare or threatened flora or fauna in relation to which the site has a relative importance greater than the threshold.

(3) For the purposes of subsection (2)—

relative importance means the relative importance of the site as habitat for an identified species of rare or threatened flora or fauna as determined in the prescribed manner; and

threshold means the prescribed threshold.

6 Potential gain

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In this Act, potential gain, in relation to a site or biodiversity class area, means—

(a) if the site or a biodiversity class area is on private land, the improvement in the quality, extent or both of the native vegetation on that site or biodiversity class area, calculated by a qualified assessor in the prescribed manner and taking into account criteria prescribed for the purposes of this definition, that is predicted to result from the requirements specified in a site management plan; or

(b) if the site or biodiversity class area is on Crown land, either or both of the following—

(i) any reservation gain;

(ii) the improvement in the quality, extent or both of the native vegetation on that site or biodiversity class area, calculated by a qualified assessor in the prescribed manner and taking into account criteria prescribed for the purposes of this definition, that is predicted to result from the requirements specified in a vegetation improvement plan.

7 Native vegetation credits not personal property

For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a native vegetation credit is declared not to be personal property.

8 Act binds the Crown

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This Act binds the Crown—

(a) in right of the State of Victoria; and

(b) to the extent that the legislative power of the Parliament permits, in all its other capacities.

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PART 2—CREATION OF NATIVE VEGETATION CREDITS FOR PRIVATE LAND

Division 1—Application for native vegetation credits

9 Application for native vegetation credits

(1) An owner of private land may apply to the Secretary for the creation of native vegetation credits for all or part of that land.

(2) An application under subsection (1) must—

(a) be made in the form approved by the Secretary; and

(b) be accompanied by the prescribed application fee, if any.

(3) An application under subsection (1) must contain the following—

(a) the name and address of the applicant;

(b) a description of the site;

(c) a site management plan for the site;

(d) an estimate, prepared by a qualified assessor, of the reasonable costs of carrying out the requirements specified in the site management plan;

(e) if the site does not contain any biodiversity class areas, the following information, prepared by a qualified assessor, for the site—

(i) the area;

(ii) the potential gain;

(iii) the strategic biodiversity score;

(iv) any habitat importance score or scores;

s. 9Part 3—Creation of Native Vegetation Credits for Crown land



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(f) if the site contains biodiversity class areas, the following information, prepared by a qualified assessor, for each biodiversity class area—

(i) the area;




(g) if section 5 is not to apply to the creation of the native vegetation credits, a statement to that effect;

(h) any information prescribed for the purposes of this section.

10 Secretary may require further information

The Secretary may require an applicant to provide any further information that the Secretary considers necessary to determine an application.

11 Secretary may require application to be amended

(1) At any time after an application is made under section 9 and before the application is accepted under section 12, the Secretary may by notice require the applicant to amend the application if the Secretary considers it necessary to do so to ensure the application is correct.

(2) If an applicant receives notice from the Secretary under subsection (1), the applicant may—

(a) amend the application and resubmit it, accompanied by the prescribed fee, if any; or

(b) withdraw the application.




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12 Secretary to accept, amend or reject application

(1) If the Secretary receives an application under section 9, the Secretary must—

(a) accept the application; or

(b) require the applicant to amend the application under section 11; or

(c) reject the application.

(2) The Secretary must reject an application if—

(a) the application does not comply with section 9(2) or (3); or

(b) the applicant does not provide any further information required under section 10; or

(c) the Secretary considers that the estimate provided under section 9(3)(d) is not reasonable; or

(d) the site management plan contained in the application requires the owner of the site to carry out works or activities that the owner of the site is required to carry out by or under—

(i) any Act; or

(ii) a prescribed agreement or arrangement; or

(e) the site does not meet any eligibility criteria prescribed for the purposes of this section.

(3) In accepting an application, the Secretary may amend the potential gain from that contained in the application if the Secretary considers it necessary to do so to ensure that the potential gain is accurate.




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(4) The Secretary must notify the applicant of the acceptance or rejection of an application, and of any amendment under subsection (3) of the potential gain.

(5) Notification of the acceptance of an application must include—

(a) the number of native vegetation credits to be created; and

(b) the nature and attributes of those credits.Notes

1 A decision to reject an application or to amend the potential gain is a reviewable decision for the purposes of Division 7 of Part 11.

2 The number of native vegetation credits to be created is determined under Part 4 of this Act.

13 Offence to provide false or misleading information or document

A person must not in, or in relation to, an application under section 9 for native vegetation credits—

(a) give any information that the person knows, or should reasonably know, is false or misleading in a material particular; or

(b) produce a document that the person knows, or should reasonably know, is false or misleading in a material particular, without informing the person to whom the document is produced of the defect in the document.

Penalty: 120 penalty units.




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Division 2—Recording of native vegetation credits

14 Native vegetation credits must be recorded

(1) If an application for the creation of native vegetation credits is accepted under section 12, the Secretary must lodge with the Registrar of Native Vegetation Credits a notification for the recording of those credits.

(2) A notification under subsection (1) must contain—


(b) the nature and attributes of those credits.Note

The number of native vegetation credits to be created is determined under Part 4 of this Act.

(3) The Secretary must not lodge a notification for the recording of native vegetation credits under subsection (1) unless—

(a) the Secretary enters into a native vegetation management agreement under section 36(1) in relation to the site for which the credits are created; and

(b) that native vegetation management agreement is recorded in the Land Register under section 37(2).

(4) A native vegetation credit is created under this Part when the credit is recorded in the Native Vegetation Credit Register.

(5) A native vegetation credit created under this Part cannot be allocated under Part 7 or transferred under Part 8 unless the credit is recorded in the Native Vegetation Credit Register.

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PART 3—CREATION OF NATIVE VEGETATION CREDITS FOR CROWN LAND

Division 1—General

15 Holder of credits created under Part 3

For the purposes of section 50(2)(a), the Minister is the holder of a native vegetation credit created under this Part, unless—

(a) the credit is transferred under Part 8; or

(b) the credit is created as consideration for the transfer of land purchased under Division 4.

Division 2—Creation of native vegetation credits for Crown land

16 When native vegetation credits can be created for Crown land

Native vegetation credits may be created for Crown land if—

(a) the land is permanently reserved under the Crown Land (Reserves) Act 1978 for a compatible purpose and the land was unreserved immediately before that reservation; or

(b) a vegetation improvement plan is approved for a compatible reserve; or

(c) the land is purchased under this Act and permanently reserved under the Crown Land (Reserves) Act 1978 for a compatible purpose.




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17 Creation of native vegetation credits for unreserved Crown land

(1) This section applies to a site on Crown land that—

(a) is unreserved Crown land; and

(b) is proposed to be permanently reserved under the Crown Land (Reserves) Act 1978 for a compatible purpose.

(2) Subject to this section, the Minister may, by determination, create native vegetation credits for a site on Crown land with the consent of the Minister administering the Crown Land (Reserves) Act 1978.

(3) A determination under this section must include the following—

(a) a description of the site for which the native vegetation credits are created;

(b) details of the proposed reservation of the site, including the purpose of the proposed reservation;

(c) if a vegetation improvement plan has been prepared for the site—

(i) a copy of that plan; and

(ii) a reasonable estimate, calculated by a qualified assessor, of the costs to the Crown land manager of carrying out the requirements specified in the plan; and

(iii) an approval under section 29 for the plan;

(d) if the site does not contain any biodiversity class areas, the following information, prepared by a qualified assessor, for the site—

(i) the area;




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(e) if the site contains biodiversity class areas, the following information, prepared by a qualified assessor, for each biodiversity class area—

(i) the area;




(f) the number of credits to be created;

(g) the nature and attributes of those credits;

(h) if section 5 is not to apply to the creation of the native vegetation credits, a statement to that effect;

(i) any information prescribed for the purposes of this section.

Note


(4) Before making a determination under subsection (2), the Minister must be satisfied that—

(a) the proposed reservation of the land would provide a reservation gain for the site; and

(b) any vegetation improvement plan to be included in the determination does not require the Crown land manager to carry out works or activities that the Crown land manager is required to carry out by or under—




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(i) any Act; or

(ii) a prescribed agreement or arrangement; and

(c) the site meets any eligibility criteria prescribed for the purposes of this section.

(5) A determination under this section takes effect when the site is reserved as proposed under subsection (3)(b).

18 Creation of native vegetation credits for reserved Crown land

(1) This section applies to a site on Crown land—

(a) that is a compatible reserve; and

(b) for which a vegetation improvement plan has been approved under section 29.

(2) Subject to this section, the Minister may, by determination, create native vegetation credits for a site on Crown land with the consent of the relevant Crown land Minister.

(3) A determination under this section must include the following—

(a) a description of the site for which the native vegetation credits are created;

(b) details of the reservation of the site, including any purpose of the reservation;

(c) a copy of the vegetation improvement plan that has been approved for the site;

(d) a reasonable estimate, calculated by a qualified assessor, of the costs to the Crown land manager of carrying out the requirements specified in the proposed vegetation improvement plan;




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(e) if the site does not contain any biodiversity class areas, the following information, prepared by a qualified assessor, for the site—

(i) the area;




(f) if the site contains biodiversity class areas, the following information, prepared by a qualified assessor, for each biodiversity class area—

(i) the area;




(g) the number of credits to be created;

(h) the nature and attributes of those credits;

(i) if section 5 does not apply to the creation of the native vegetation credits, a statement to that effect;

(j) any information prescribed for the purposes of this section.

Note


(4) Before making a determination under subsection (2), the Minister must be satisfied that—

(a) the vegetation improvement plan included in the determination does not require the Crown land manager to carry out works or activities




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that the Crown land manager is required to carry out by or under—

(i) any Act; or

(ii) a prescribed agreement or arrangement; and

(b) the site meets any eligibility criteria prescribed for the purposes of this section.

(5) A determination under this section takes effect when it is made.

19 Native vegetation credits must be recorded

(1) If the Minister makes a determination under this Division to create native vegetation credits, the Minister must lodge with the Registrar of Native Vegetation Credits a notification for the recording of those credits.

(2) A notification under subsection (1) must include—




(3) A native vegetation credit is created under this Division when the credit is recorded in the Native Vegetation Credit Register.

(4) A native vegetation credit created under this Division cannot be allocated under Part 7 or transferred under Part 8 unless the credit is recorded in the Native Vegetation Credit Register.




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Division 3—Application for native vegetation credits prior to purchase of land

20 Application for native vegetation credits with Ministerial consent

(1) If the Minister proposes to purchase private land under Division 4 and that land is proposed to be reserved for a compatible purpose, the owner of the land may, with the consent of the Minister and the Minister administering the Crown Land (Reserves) Act 1978, apply to the Secretary for the creation of native vegetation credits for all or part of the land.


(a) be made in the form approved by the Secretary; and

(b) be accompanied by the prescribed application fee, if any.

(3) An application under subsection (1) must contain the following—

(a) the name and address of the applicant;

(b) a description of the site for which the native vegetation credits are to be created;

(c) details of the proposed reservation of the site, including the purpose of the proposed reservation;

(d) the name of the proposed Crown land manager;

(e) if a vegetation improvement plan has been prepared for the site—

(i) a copy of that plan; and




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(ii) a reasonable estimate, calculated by a qualified assessor, of the costs to the proposed Crown land manager of carrying out the requirements specified in the plan; and

(iii) an approval under section 29 for the plan;

(f) if the site does not contain any biodiversity class areas, the following information, prepared by a qualified assessor, for the site—

(i) the area;




(g) if the site contains biodiversity class areas, the following information, prepared by a qualified assessor, for each biodiversity class area—

(i) the area;




(h) if section 5 is not to apply to the creation of the native vegetation credits, a statement to that effect;

(i) any information prescribed for the purposes of this section.

21 Secretary may require further information

The Secretary may require an applicant to provide any further information that the Secretary considers necessary to determine an application.




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22 Secretary may require application to be amended

(1) At any time after an application is made under section 20 and before the application is accepted under section 23, the Secretary may by notice require the applicant to amend the application if the Secretary considers it necessary to do so to ensure the application is correct.

(2) If an applicant receives notice from the Secretary under subsection (1), the applicant may—

(a) amend the application and, with the consent of the Minister and the Minister administering the Crown Land (Reserves) Act 1978, resubmit it, accompanied by the prescribed fee, if any; or


23 Secretary must accept, amend or reject application

(1) If the Secretary receives an application under section 20(1), the Secretary must—

(a) accept the application; or

(b) require the applicant to amend the application under section 22; or

(c) reject the application.

(2) The Secretary must reject an application if—

(a) the application does not comply with section 20(2) or (3); or

(b) the applicant does not provide any further information required under section 21; or

(c) the proposed reservation is not for a compatible purpose; or




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(d) the Secretary considers that the estimate provided under section 20(3)(e)(ii) is not reasonable; or

(e) any vegetation improvement plan contained in the application requires the proposed Crown land manager to carry out works or activities that the proposed Crown land manager is, following the transfer of the land, required to carry out by or under—

(i) any Act; or

(ii) a prescribed agreement or arrangement; or

(f) the site does not meet any eligibility criteria prescribed for the purposes of this section.

(3) In accepting an application, the Secretary may amend the potential gain from that contained in the application if the Secretary considers it necessary to do so to ensure that the potential gain is accurate.

(4) The Secretary must notify the applicant of the acceptance or rejection of an application, and of any amendment under subsection (3) of the potential gain.

(5) Notification of the acceptance of an application must include—

(a) the number of native vegetation credits to be created on the transfer of the land; and






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Division 4—Purchase of land

24 Agreement for the purchase of land

(1) If the Secretary accepts an application under section 23, the Minister on behalf of the Crown may enter into an agreement with the owner of the land described in the application for the purchase of that land if the Minister considers that the land is suitable to be reserved for the compatible purpose specified in the application.

(2) An agreement entered into under subsection (1)—

(a) must provide for the purchase price of the land; and

(b) subject to subsection (3), may provide for some or all of the consideration for the owner to be native vegetation credits created for the land; and

(c) may contain provisions requiring the owner of the land to contribute to the cost to the Crown land manager of managing the land after the land has been purchased.

(3) A native vegetation credit provided to the owner of land as consideration for the transfer of that land under this Division must not be a corresponding alternate credit of any native vegetation credit that is to be held by the Minister after that transfer.

(4) The provision of native vegetation credits to the owner of land as consideration for the purchase of land by agreement under subsection (2)(b) is not a transfer of those credits for the purposes of this Act.




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25 Land purchased under this Part taken to be reserved

On the transfer of land purchased under section 24 to the Crown, the land is taken to be—

(a) unalienated land of the Crown; and

(b) permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purpose described in the application under section 20 made in relation to the land.

26 Notification of purchase

(1) When land purchased under section 24 is transferred to the Crown, the Minister must lodge with the Registrar of Native Vegetation Credits a notification for the recording of the native vegetation credits.

(2) A notification under subsection (1) must include—

(a) in relation to the native vegetation credits to be created for the land—

(i) the number of those credits to be held by the transferor of land; and

(ii) the number of those credits to be held by the Minister; and



(3) A native vegetation credit is created under this Division when the credit is recorded in the Native Vegetation Credit Register.




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(4) A native vegetation credit created under this Division cannot be allocated under Part 7 or transferred under Part 8 unless the credit is recorded in the Native Vegetation Credit Register.

27 Publication of purchase

(1) Within 5 days after the transfer of land purchased under section 24, the Minister must publish a notice of that transfer in the Government Gazette.

(2) A notice under subsection (1) must contain—

(a) a description of the land that has been transferred; and

(b) the date of the transfer; and

(c) the purpose for which the land is reserved; and

(d) a statement that on and from the date of the transfer, the land is taken to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for that purpose.

Division 5—Vegetation improvement plans

28 Preparation of vegetation improvement plans

(1) Subject to this Division, the Crown land manager may, with the approval of the relevant Crown land Minister, prepare a vegetation improvement plan in relation to an area of Crown land—

(a) that is a compatible reserve or proposed to be reserved for a compatible purpose; and

(b) for which native vegetation credits are proposed to be created.




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(2) Subject to this Division, the proposed Crown land manager for land that is proposed to be subject to an application under section 20 may, with the approval of the Minister administering the Crown Land (Reserves) Act 1978, prepare a vegetation improvement plan in relation to that land.

(3) A vegetation improvement plan prepared under subsection (1) or (2) must—

(a) include details of the management, improvement and protection of the native vegetation on the land during the 10-year period beginning on the day the plan comes into effect; and

(b) include any details prescribed for the purposes of this section; and

(c) if the plan is prepared under subsection (1), be consistent with any relevant land management plan or relevant land agreement that applies to the land.

(4) A vegetation improvement plan must be in the prescribed form.

29 Approval of vegetation improvement plan

A vegetation improvement plan prepared under section 28 is approved for the purposes of section 30 if—

(a) the plan complies with section 28(3) and (4); and

(b) the Minister approves the plan; and

(c) in the case of a plan prepared for Crown land that is a compatible reserve, the relevant Crown land Minister approves the plan.




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30 Period during which vegetation improvement plan has effect

(1) A vegetation improvement plan approved under section 29 comes into effect—

(a) in the case of land for which native vegetation credits are created by determination under section 17(2), the date that determination comes into effect; or

(b) in the case of land for which native vegetation credits are created by determination under section 18(2), the date that determination comes into effect; or

(c) in the case of land purchased under this Act, the date the land is transferred to the Crown.

(2) Within 28 days after a vegetation improvement plan takes effect, the Crown land manager must ensure that the vegetation improvement plan is lodged with the Central Plan Office.

(3) A vegetation improvement plan ceases to have effect 10 years after the date the plan came into effect.

31 Variation of vegetation improvement plans

(1) A vegetation improvement plan approved under section 29 may be varied by the Minister and the relevant Crown land Minister if—

(a) the Minister and the relevant Crown land Minister are satisfied that the varied plan does not reduce the improvements or protections for native vegetation provided in the plan before it was varied; or




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(b) the Minister provides an equivalent reduction in credits by—

(i) cancelling credits held by the Minister created for the land subject to the plan that are not allocated; and

(ii) if the Minister does not hold sufficient credits created for that land to provide all or some of the equivalent reduction, allocating credits for the purposes of this subsection.

(2) If the Minister must provide an equivalent reduction under subsection (1)(b), the number of general biodiversity credits that must be cancelled is to be calculated in accordance with the formula—

RGG × 1000

where—

RGG is the reduction in general gain for the site calculated in accordance with subsection (4).

(3) If the Minister must provide an equivalent reduction under subsection (1)(b), the number of specific biodiversity credits that must be cancelled is to be calculated in accordance with the formula—

RSpG × 1000

where—

RSpG is the reduction in specific gain for the site, calculated in accordance with subsection (5).




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(4) For the purposes of subsection (2), the reduction in general gain for the site that is subject to the vegetation improvement plan is calculated in accordance with the formula—

OGG – VGG

where—

OGG is the general gain for the site calculated in accordance with section 34 using the information included in the determination or application for the creation of the native vegetation credits;

VGG is the general gain for the site calculated in accordance with section 34 using—

(a) subject to paragraph (b), the information included in the determination or application for the creation of the credits; and

(b) the information in the plan as proposed to be varied.

(5) For the purposes of subsection (3), the reduction in specific gain for the site that is subject to the vegetation improvement plan is calculated in accordance with the formula—

OSpG – VSpG

where—

OSpG is the specific gain for the site calculated in accordance with section 35 using the information included in the determination or application for the creation of the native vegetation credits;




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VSpG is the specific gain for the site calculated in accordance with section 35 using—

(a) subject to paragraph (b), the information included in the determination or application for the creation of the credits; and

(b) the information in the plan as proposed to be varied.

(6) If the Minister does not hold a sufficient number of native vegetation credits created for the land subject to the vegetation improvement plan to provide for all or some of an equivalent reduction by cancellation under subsections (2) and (3), the Minister must allocate the following—

(a) the number of general biodiversity credits calculated in accordance with the formula—

XG – CG

where—

XG is the number of general biodiversity credits that must be cancelled calculated in accordance with subsection (2);

CG is the number of general biodiversity credits created for the land that are held by the Minister; and

(b) the number of specific biodiversity credits calculated in accordance with the formula—

Xsp – Csp

where—

Xsp is the number of specific biodiversity credits that must be cancelled calculated in accordance with subsection (3);




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Csp is the number of specific biodiversity credits created for the land that are held by the Minister.

(7) For the purposes of subsection (6), if native vegetation credits created for the land that is subject to the vegetation improvement plan that are held by the Minister have been allocated or transferred after the plan came into effect and all or part of an equivalent reduction is to be provided for by the allocation of credits, the following credits may be allocated—

(a) if general biodiversity credits created for that land have been allocated, transferred or provided to an owner of land under Division 4, up to the same number of general biodiversity credits;

(b) if specific biodiversity credits created in relation to a relevant species for that land have been allocated, transferred or provided to an owner of land under Division 4, up to the same number of specific biodiversity credits created in relation to the same relevant species.

(8) If native vegetation credits are allocated for the purposes of subsection (6)—

(a) for the purposes of section 66, that allocation is taken to be an allocation under section 63 of credits created for the site or a biodiversity area on the land that is subject to the vegetation improvement plan (the original credits); and

(b) the cancellation under section 66(1) of the corresponding alternate credits of those original credits is taken to be an allocation of credits for the purposes of subsection (6).




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(9) If any or all native vegetation credits created for a site or biodiversity area other than the site or biodiversity class area subject to the vegetation improvement plan are allocated for the purposes of subsection (6), the same proportion of corresponding alternate credits created for that site or biodiversity class area is cancelled.

(10) Within 28 days after a vegetation improvement plan is varied, the Crown land manager must ensure that a consolidated copy of the plan that incorporates the variation is lodged with the Central Plan Office.

32 Recording of cancellation or allocation of credits under section 31

(1) If the Minister provides for the cancellation or allocation of native vegetation credits under section 31, the Minister must lodge with the Registrar of Native Vegetation Credits a notification for the recording of the cancellation or allocation.

(2) On the lodgement of a notification under subsection (1), the Registrar of Native Vegetation Credits must record the cancellation or allocation in the Native Vegetation Credit Register.

(3) The cancellation or allocation of a native vegetation credit under section 31 takes effect when it is recorded in the Native Vegetation Credit Register.

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PART 4—CALCULATION OF NATIVE VEGETATION CREDITS

33 Calculation of native vegetation credits that may be created in relation to a site

(1) The number of general biodiversity credits that may be created in relation to a site is to be calculated in accordance with the formula—

GG × 1000

where—

GG is the general gain for that site calculated under section 34.

(2) The number of specific biodiversity credits that may be created in relation to a site is to be calculated in accordance with the formula—

SpG × 1000

where—

SpG is the specific gain for that site calculated under section 35.

34 Calculation of general gain for a site

(1) If a site does not contain any biodiversity class areas, the general gain (expressed in general biodiversity equivalence units) for that site is to be calculated in accordance with the formula—

AS × PGS × SBSs

where—

AS is the area (in hectares) of the site;

PGS is the potential gain for the site;

SBSS is the strategic biodiversity score for the site.




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(2) If a site contains biodiversity class areas, the general gain (expressed in general biodiversity equivalence units) for the site is the sum of the amounts calculated in accordance with the following formula for each biodiversity class area—

ABCA × PGBCA × SBSBCA

where—

ABCA is the area (in hectares) of the biodiversity class area;

PGBCA is the potential gain for the biodiversity class area;

SBSBCA is the strategic biodiversity score for the biodiversity class area.

35 Calculation of specific gain for a site

(1) If a site that does not contain any biodiversity class areas has a habitat importance score, the specific gain (expressed in specific biodiversity equivalence units) for that site is to be calculated in accordance with the formula—

As × PGs × HISS,sp

where—



HISS,sp is the habitat importance score for the site that relates to an identified species of rare or threatened flora or fauna.




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(2) If a site that does not contain any biodiversity class areas has more than one habitat importance score, the specific gain (expressed in specific biodiversity equivalence units) for the site is the sum of the specific gain calculated for each habitat importance score in accordance with the formula—

As × PGs × HISS,sp

where—



HISS,sp is a habitat importance score for the site that relates to an identified species of rare or threatened flora or fauna.

(3) If a site contains biodiversity class areas, the specific gain (expressed in specific biodiversity equivalence units) for the site is the sum of the following—

(a) for each biodiversity class area with one habitat importance score, the specific gain calculated in accordance with the formula—

ABCA × PGBCA × HISBCA,sp

where—



HISBCA,sp is the habitat importance score of the biodiversity class area that relates to an identified species of rare or threatened flora or fauna;




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(b) for each biodiversity class area with more than one habitat importance score, the specific gain calculated in accordance with the following formula for each habitat importance score of that biodiversity class area—

ABCA × PGBCA × HISBCA,sp

where—



HISBCA,sp is a habitat importance score of the biodiversity class area that relates to an identified species of rare or threatened flora or fauna.

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PART 5—NATIVE VEGETATION MANAGEMENT AGREEMENTS WITH OWNERS OF PRIVATE LAND

36 Native vegetation management agreements

(1) For the purposes of this Act, the Secretary may enter into a native vegetation management agreement with an owner of private land.

(2) Subject to subsection (3), a native vegetation management agreement must contain—

(a) any terms and conditions prescribed for the purposes of this section; and

(b) any additional terms and conditions agreed between the Secretary and the owner of the land that is subject to the agreement; and

(c) a site management plan for the land.

(3) If the land to which a native vegetation management agreement relates is subject to an application under section 9 that has been accepted by the Secretary, the site management plan included in the agreement must be the site management plan contained in that application.

(4) A native vegetation management agreement may include terms or conditions relating to any of the following—

(a) the quality and extent of native vegetation on the land and the management, improvement and protection of that native vegetation while the native vegetation management agreement is in force;

(b) the use of the land;

(c) the works or activities that may be carried out on the land and any conditions to which those works or activities are subject;




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(d) works or activities that must not be carried out on the land;

(e) requirements relating to any of the matters described in paragraphs (a) to (d).

(5) A native vegetation management agreement comes into effect on the latest of—

(a) the day on which the last of the parties to the agreement signs the agreement; and

(b) if native vegetation credits are to be created for the land subject to the agreement, the day on which all persons (other than the owner of the land) who have a registered interest in that land have consented in writing to be bound by the agreement; and

(c) the day on which the native vegetation management agreement fee, if any, is paid under section 39(1).

(6) A native vegetation management agreement is binding on—

(a) the parties to the agreement; and

(b) any person who has consented in writing to be bound by the agreement.

37 Recording of native vegetation management agreements

(1) Subject to subsections (3) and (4), if the Secretary enters into a native vegetation management agreement relating to land for which native vegetation credits are not created, the Secretary may apply to the Registrar of Titles to record the agreement on any folio of the Land Register for land that is subject to the agreement.

(2) Subject to subsections (3) and (4), if the Secretary enters into a native vegetation management agreement relating to land for which native




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vegetation credits are to be created, the Secretary must apply to the Registrar of Titles to record the agreement on any folio of the Land Register for land that is subject to the agreement.

(3) Subsections (1) and (2) do not apply unless and until the owner of the land that is subject to the native vegetation management agreement pays the Secretary any fee payable by the Secretary for the recording of the agreement in the Land Register.Note

Fees to the Registrar of Titles are payable under the Transfer of Land Act 1958.

(4) Subsections (1) and (2) do not apply unless and until the native vegetation management agreement fee under section 39(1), if any, for the agreement has been paid.

(5) An application under this section must—

(a) be in a form approved by the Registrar of Titles under the Transfer of Land Act 1958; and

(b) be accompanied by a copy of the native vegetation management agreement.

(6) The Registrar of Titles may record the native vegetation management agreement in the Land Register if the application complies with subsection (5).

38 Effect of recording of agreement

In addition to section 36, on and after the recording of a native vegetation management agreement in the Land Register, any requirement specified in the agreement runs with the land affected and is binding on any person who derives title to an estate or interest in the land from a party to the agreement.




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39 Native vegetation management agreement fee

(1) An owner of land who enters into a native vegetation management agreement must, at the time when that agreement is entered into, pay the prescribed native vegetation management agreement fee, if any, to the Secretary.

(2) If a native vegetation management agreement is cancelled during the 10-year period beginning on the day on which the agreement comes into effect, the Secretary must refund to the person who paid the fee the proportion of the native vegetation management agreement fee relating to the remainder of that period after the cancellation.

40 Variation of agreements relating to land for which credits are created

(1) If a native vegetation management agreement relates to land for which native vegetation credits are created, on application by the owner of that land, the Secretary may vary the agreement if the Secretary is satisfied that—

(a) the agreement as proposed to be varied does not reduce the improvements or protections for native vegetation provided in the agreement without variation; or

(b) the owner of the land subject to the agreement provides an equivalent reduction in native vegetation credits by—

(i) cancelling credits held by the owner created for the land subject to the agreement that are not allocated; and

(ii) if the owner does not hold sufficient credits created for that land to provide all or some of the equivalent reduction,




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allocating credits for the purposes of this subsection.

(2) If the owner of the land that is subject to the native vegetation management agreement must provide an equivalent reduction under subsection (1)(b), the number of general biodiversity credits that must be cancelled is to be calculated in accordance with the formula—

RGG × 1000

where—

RGG is the reduction in general gain for the site calculated in accordance with subsection (4).

(3) If the owner of the land that is subject to the native vegetation management agreement must provide an equivalent reduction under subsection (1)(b), the number of specific biodiversity credits that must be cancelled is to be calculated in accordance with the formula—

RSpG × 1000

where—

RSpG is the reduction in specific gain for the site, calculated in accordance with subsection (5).

(4) For the purposes of subsection (2), the reduction in general gain for the site that is subject to the native vegetation management agreement is calculated in accordance with the formula—

OGG – VGG

where—

OGG is the general gain for the site calculated in accordance with section 34 using the information contained in the application for the creation of the native vegetation credits;




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VGG is the general gain for the site calculated in accordance with section 34 using—

(a) subject to paragraph (b), the information contained in the application for the creation of the credits; and

(b) the information in the agreement as proposed to be varied.

(5) For the purposes of subsection (3), the reduction in specific gain for the site that is subject to the native vegetation management agreement is calculated in accordance with the formula—

OSpG - VSpG

where—

OSpG is the specific gain for the site calculated in accordance with section 35 using the information contained in the application for the creation of the native vegetation credits;

VSpG is the specific gain for the site calculated in accordance with section 35 using—

(a) subject to paragraph (b), the information contained in the application for the creation of the credits; and

(b) the information in the agreement as proposed to be varied.

(6) If the owner of the land subject to the native vegetation management agreement does not hold a sufficient number of native vegetation credits created for that land to provide for all or some of an equivalent reduction by cancellation under subsections (2) and (3), the owner must allocate the following—




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(a) the number of general biodiversity credits calculated in accordance with the formula—

XG – CG

where—

XG is the number of general biodiversity credits that must be cancelled calculated in accordance with subsection (2);

CG is the number of general biodiversity credits created for the land that are held by the owner; and

(b) the number of specific biodiversity credits calculated in accordance with the formula—

Xsp – Csp

where—

Xsp is the number of specific biodiversity credits that must be cancelled calculated in accordance with subsection (3);

Csp is the number of specific biodiversity credits created for the land that are held by the owner.

(7) For the purposes of subsection (6), if native vegetation credits created for the land that is subject to the native vegetation management agreement have been allocated or transferred after the agreement came into effect and all or part of an equivalent reduction is to be provided for by the allocation of credits, the following credits may be allocated—

(a) if general biodiversity credits created for that land have been allocated or transferred, up to




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the same number of general biodiversity credits;

(b) if specific biodiversity credits created in relation to a relevant species for that land have been allocated or transferred, up to the same number of specific biodiversity credits created in relation to the same relevant species.

(8) If native vegetation credits are allocated for the purposes of subsection (6)—

(a) for the purposes of section 66, that allocation is taken to be an allocation under section 63 of credits created for the site or a biodiversity area on the land that is subject to the native vegetation management agreement (the original credits); and

(b) the cancellation under section 66(1) of the corresponding alternate credits of those original credits is taken to be an allocation of credits for the purposes of subsection (6).

(9) If any or all native vegetation credits created for a site or biodiversity area other than the site or biodiversity class area subject to the native vegetation management agreement are allocated for the purposes of subsection (6), the same proportion of corresponding alternate credits created for that site or biodiversity class area is cancelled.

(10) An application under subsection (1) must be accompanied by the fee, if any, prescribed for the purposes of this section.

(11) The Secretary may require the owner of land to provide any further information, including information prepared by a qualified assessor, that the Secretary considers necessary to determine an application under subsection (1).




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41 Variation of agreements relating to land for which credits are not created

If a native vegetation management agreement relates to land for which native vegetation credits are not created, the agreement may be varied on application by the owner of that land with the consent of the Secretary.

42 Recording of variation on Land Register

(1) Subject to subsection (2), if a native vegetation management agreement that is recorded on the Land Register is varied, the Secretary must apply to the Registrar of Titles to record a consolidated copy of the agreement that incorporates the variation on any folio of the Land Register for land that is subject to the agreement.

(2) Subsection (1) does not apply unless the owner of the land that is subject to the native vegetation management agreement pays the Secretary any fee payable by the Secretary for the recording of the consolidated copy of the agreement in the Land Register.Note


(3) An application under this section must—

(a) be in a form approved by the Registrar of Titles under the Transfer of Land Act 1958; and

(b) be accompanied by a consolidated copy of the agreement that incorporates the variation.

(4) The Registrar of Titles may record the consolidated agreement in the Land Register if the application complies with subsection (3).




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43 Cancellation of native vegetation management agreements

(1) Subject to this section, on the application of the owner of land that is subject to a native vegetation management agreement, the Secretary may cancel that agreement.

(2) An application under subsection (1) must be accompanied by the fee, if any, prescribed for the purposes of this section.

(3) The Secretary must not cancel a native vegetation management agreement relating to land for which native vegetation credits have been created unless—

(a) any credits created for that land that are not allocated and have not been transferred to a person other than the owner of the land are cancelled; and

(b) if any credits created for that land have been transferred to a person other than the owner of the land or are allocated, the Secretary is satisfied that the owner of the land provides for an equivalent reduction in credits by one or a combination of the following methods—

(i) allocating credits for the purposes of this subsection;

(ii) cancelling credits created for land other than the land to which the agreement relates.

(4) For the purposes of subsection (3), if native vegetation credits created for the land that is subject to the native vegetation management agreement have been allocated or transferred after the agreement came into effect and all or part of an equivalent reduction is to be provided for by




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the allocation, cancellation or both of native vegetation credits, the following credits must be allocated or cancelled—

(a) if general biodiversity credits created for the land that is subject to the agreement have been allocated or transferred, the same number of general biodiversity credits;

(b) if specific biodiversity credits created in relation to a relevant species for that land have been allocated or transferred, the same number of specific biodiversity credits created in relation to the same relevant species.

(5) If any or all native vegetation credits created for a site or biodiversity class area are allocated for the purposes of subsection (4), the same proportion of corresponding alternate credits created for that site or biodiversity class area is cancelled.

(6) If any or all native vegetation credits created for a site or biodiversity class area are cancelled for the purposes of subsection (4), the same proportion of corresponding alternate credits created for that site or biodiversity class area is cancelled.

(7) The Secretary must not cancel a native vegetation management agreement—

(a) relating to land for which native vegetation credits are not created; and

(b) that provides for a requirement to offset the removal, lopping or destruction of native vegetation—

unless the Secretary is satisfied that the owner of the land has undertaken to provide other protections or improvements to native vegetation equivalent to the requirements described in paragraph (b).




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(8) If a native vegetation management agreement is cancelled under this section, the cancellation takes effect—

(a) when the Secretary notifies the owner of the land that is subject to the agreement in writing of the cancellation; or

(b) on a date agreed by the Secretary and the owner.

44 Recording of cancellation on Land Register

(1) Subject to subsection (2), if a native vegetation management agreement that is recorded on the Land Register is cancelled under section 43, the Secretary must apply to the Registrar of Titles to remove the record of the agreement from any folio of the Land Register for land that is subject to the agreement.

(2) Subsection (1) does not apply unless the owner of the land that is subject to the native vegetation management agreement pays the Secretary any fee payable by the Secretary for the removal of the record of the agreement from the Land Register.Note


(3) An application under this section must be in a form approved by the Registrar of Titles under the Transfer of Land Act 1958.

(4) The Registrar of Titles may remove the record of a native vegetation management agreement from the Land Register if an application complies with subsection (3).




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45 Recording of cancellation or allocation of credits on Native Vegetation Credit Register

(1) If native vegetation credits are cancelled or allocated for the purposes of section 40 or 43, the owner of the land must lodge with the Registrar of Native Vegetation Credits a notification for the recording of the cancellation or allocation.

(2) On the lodgement of a notification under subsection (1), the Registrar of Native Vegetation Credits must record the cancellation or allocation in the Native Vegetation Credit Register.

(3) The cancellation or allocation of a native vegetation credit under section 40 or 43 takes effect when it is recorded in the Native Vegetation Credit Register.

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PART 6—NATIVE VEGETATION CREDIT REGISTER

Division 1—Native Vegetation Credit Register

46 Register to be kept

The Minister must keep a Register of native vegetation credits created under this Act.

Division 2—Registrar and staff

47 Employment of Registrar and staff

(1) A Registrar of Native Vegetation Credits must be employed under Part 3 of the Public Administration Act 2004 for the purposes of this Act.

(2) Any other employees that the Registrar considers necessary for the purposes of this Part may be employed under Part 3 of the Public Administration Act 2004.

48 Functions of Registrar of Native Vegetation Credits

The functions of the Registrar of Native Vegetation Credits are—

(a) to maintain the Native Vegetation Credit Register; and

(b) to provide information from the records and information in the Register relating to native vegetation credits in accordance with this Part; and

(c) to keep records of prior transactions in relation to native vegetation credits; and

(d) to approve forms for the purposes of this Act.




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49 Delegation of functions

The Registrar of Native Vegetation Credits, by instrument, may delegate any of the Registrar's powers, duties or functions, other than this power of delegation, to an employee referred to in section 47(2).

Division 3—Records

50 Native vegetation credit records

(1) Subject to subsection (3), if the Registrar of Native Vegetation Credits is notified under section 14, 19 or 26 that a native vegetation credit has been created, the Registrar must ensure that a record for the credit is made in the Native Vegetation Credit Register.

(2) A record for a native vegetation credit must contain the following information—

(a) the name and address of the holder of the credit;

(b) a description of the site in relation to which the credit was created;

(c) the day on which the record was made in the Native Vegetation Credit Register;

(d) if the credit is created under Part 2, a copy of the native vegetation management agreement relating to the land for which the credit was created;

(e) if the credit was created under Part 3, a copy of any vegetation improvement plan relating to the land for which the credit was created;

(f) the number of credits created for the land for which the credit was created;

(g) the nature and attributes of the credit;




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(h) the details of any transfer of the credit, including the date of the transfer and any consideration provided for the transfer;

(i) if the credit has been allocated under section 63—

(i) a description of the purpose or offset condition for which the credit was allocated; and

(ii) if the allocation is reversed under section 67 or 68;

(j) if the credit was created under Part 2, the potential gain used to determine the application for the credit;

(k) if the credit was created under Part 3, the potential gain contained in the application or Ministerial determination for the credit;

(l) any suspension of the credit;

(m) any cancellation of the credit;

(n) any details prescribed for the purposes of this subsection.

(3) The Registrar may keep a single record for 2 or more native vegetation credits if the information specified in subsection (2) is the same for those credits.

51 Recording of legal personal representative

(1) The legal personal representative of a deceased person may lodge with the Registrar of Native Vegetation Credits a request to record in the Native Vegetation Credit Register the transfer to the legal personal representative of a native vegetation credit held in the name of the deceased person.




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(2) A request under subsection (1) must—

(a) be in the form approved by the Registrar of Native Vegetation Credits; and

(b) be accompanied by the prescribed fee, if any.

(3) If the Registrar is satisfied that the person lodging the request is the legal personal representative of the deceased person, the Registrar may record—

(a) the appointment of that legal personal representative; and

(b) the date of that appointment.

(4) On the making of a record under this section—

(a) the legal personal representative becomes the holder of the native vegetation credit; and

(b) the status of the legal personal representative as holder of the credit is taken to have arisen on the date of the appointment described in subsection (3)(b).

52 Recording of survivor of joint holding

(1) Subject to this Act, on the death of a person recorded in the Native Vegetation Credit Register with any other person as a joint holder of a native vegetation credit, the survivor may lodge a request with the Registrar of Native Vegetation Credits for a recording to be made in the Register of the transfer to the survivor of the deceased person's holding.

(2) A request lodged under subsection (1) must—






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(3) The Registrar may record the transfer by survivorship of a native vegetation credit on being satisfied as to proof of the death of the joint holder.

53 Recording of trustee in bankruptcy

(1) The trustee in bankruptcy of a holder of a native vegetation credit may lodge with the Registrar of Native Vegetation Credits a request for a recording of the transfer to the trustee in bankruptcy to be made in the Native Vegetation Credit Register in respect of that credit.

(2) A request lodged under subsection (1) must—



(3) If the Registrar is satisfied as to the trustee in bankruptcy's authority to be recorded under this section, the Registrar may record the appointment of that trustee in bankruptcy.

(4) On the making of a recording under this section, the trustee in bankruptcy becomes the holder of the native vegetation credit in respect of the interest of the holder of the credit.

(5) Unless, prior to a bankrupt holder of a native vegetation credit dealing with the credit, the trustee in bankruptcy has applied to be recorded under this section, any dealing by the bankrupt holder with a person dealing in good faith and for value with that holder is not to be affected by any order of sequestration.

(6) This section is subject to any law of the Commonwealth relating to bankruptcy.




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Division 4—Access to information in the Native Vegetation Credit Register

54 Disclosure of information to the Secretary

The Registrar of Native Vegetation Credits must ensure that all records and information in the Native Vegetation Credit Register that are necessary to enable the Secretary to carry out the Secretary's functions under this Act are disclosed to the Secretary for that purpose.

55 Information available from the Native Vegetation Credit Register

The following information contained in the record kept in the Native Vegetation Credit Register for a native vegetation credit is publicly available under this Division—


(b) the nature and attributes of the credit;

(c) the details of any transfer of the credit, including the date of the transfer and any consideration provided for the transfer;

(d) if the credit has been allocated under section 63—

(i) a description of the purpose or offset condition for which the credit was allocated; and

(ii) if the allocation is reversed under section 67 or 68;

(e) any suspension of the credit, if that suspension has not ended or been lifted;

(f) any cancellation of the credit, if that cancellation has not been reversed;




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(g) any information recorded under section 50(2)(n) that is prescribed as publicly available for the purposes of this section.

56 Suppression of certain personal records and information

(1) A person whose personal information is held in the Native Vegetation Credit Register may apply to the Registrar of Native Vegetation Credits to restrict public access to some or all of that personal information.

(2) If the Registrar is satisfied that exceptional circumstances exist justifying the restriction of public access to that person's personal information, the Registrar may restrict public access to some or all of that personal information.

(3) The restriction of public access under subsection (2) may be for the period and on the conditions that the Registrar thinks fit.

(4) If the Registrar is satisfied that it is in the public interest that personal information restricted under this section be released to a person who applies for it, the Registrar may release some or all of the information to the person on any condition that the Registrar thinks fit.

(5) If the Registrar decides to release restricted personal information under subsection (4), the Registrar must give written notice of the decision to the person whose restricted personal information is to be released.

(6) The Registrar must not release restricted personal information under this section until 28 days after giving written notice of the decision to release the information to the person whose restricted personal information is to be released.




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57 Right of review

(1) A person whose interests are affected by a decision of the Registrar of Native Vegetation Credits under section 56 may apply to VCAT for review of the decision.

(2) An application for review under subsection (1) must be lodged with VCAT within 28 days after—

(a) notice of the decision was given to the person; or

(b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

58 Searching the Native Vegetation Credit Register

(1) A person may apply to the Registrar of Native Vegetation Credits for publicly available information.

(2) An application under this section must be—

(a) in the form approved by the Registrar of Native Vegetation Credits; and

(b) accompanied by the prescribed fee, if any.

(3) On receiving an application under this section, the Registrar may search the Native Vegetation Credit Register and provide the information to the applicant in any manner the Registrar considers appropriate.




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(4) The Registrar may provide publicly available information under this section in relation to—

(a) current information in the Register; or

(b) non-current information in the Register; or

(c) a combination of the matters referred to in paragraphs (a) and (b).

(5) In this section—

publicly available information means information contained in a record kept for a native vegetation credit—

(a) that is publicly available under section 55; and

(b) to which the Registrar of Native Vegetation Credits has not restricted public access under section 56.

Division 5—Correction and amendment of the Native Vegetation Credit Register

59 Correction and amendment of the Native Vegetation Credit Register

(1) If satisfied that it is necessary to do so to reflect the current status of a record or information in the Native Vegetation Credit Register, the Registrar of Native Vegetation Credits may correct or amend the Register—

(a) to correct any error in a record; or

(b) to amend any record; or

(c) to delete or cancel any record.




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(2) The Registrar must correct or amend the Register if required to do so—

(a) by a court or tribunal; or

(b) by virtue of this Act or any other Act.

(3) The Registrar may correct or amend the Register by—

(a) adding, cancelling or deleting a record; or

(b) adding, altering or deleting particulars or details contained in a record; or

(c) recording details of any change in the name or address of the holder of a native vegetation credit in respect of which a record is kept.

(4) The Registrar may—

(a) correct the error on the Registrar's own initiative if the Registrar is satisfied that there is an error in the Register; or

(b) correct or amend the Register on the application of a person in the form approved by the Registrar accompanied by the prescribed fee, if any.

60 Notification of interested persons

If the Registrar of Native Vegetation Credits corrects a part of the Native Vegetation Credit Register under section 59(4)(a) in relation to a substantial error in a record for a native vegetation credit, the Registrar must notify each person who is recorded in the Register as a holder of that credit.




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Division 6—General

61 Registrar of Native Vegetation Credits may require proof of identity

(1) The Registrar of Native Vegetation Credits may require a person who requests the recording of any matter in the Native Vegetation Credit Register or the approval of any matter for recording in the Register to provide any evidence that the Registrar considers sufficient to establish that person's identity.

(2) The Registrar is not required to make a recording in the Register or approve any matter for recording in the Register if the Registrar is not satisfied as to the identity of any person by or on behalf of whom any document relating to that matter was executed.

(3) The Registrar may require or permit the identity of a person to be verified by a person or class of persons approved as a verifier for the purposes of this section.

(4) The Registrar, by notice published in the Government Gazette, may approve—

(a) a person or class of persons as a verifier or verifiers for the purposes of this section; or

(b) standards of evidence of identity that the Registrar considers sufficient for the purposes of this section.

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PART 7—ALLOCATION OF NATIVE VEGETATION CREDITS

62 Definition

In this Part—

planning decision maker means—

(a) in relation to an offset condition that is a condition of a planning permit—

(i) if the offset condition is specified by a responsible authority within the meaning of the Planning and Environment Act 1987, that responsible authority; or

(ii) if the offset condition is specified by a referral authority within the meaning of the Planning and Environment Act 1987, that referral authority or any other person or body specified in the permit as a person or body to whose satisfaction the offset condition must be met; or

(b) in relation to an offset condition that is not a condition of a planning permit, the person or body specified in the relevant planning scheme as the person or body to whose satisfaction the offset condition must be met.

63 Allocation of native vegetation credits

Subject to this Part, the holder of native vegetation credits may allocate the credits for—

(a) an offset condition that must be complied with by—




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(i) in the case of credits held by a person other than the Minister, the holder of the credits; or

(ii) in the case of credits held by the Minister, the Crown land manager of the land for which the credits were created or any Minister or public authority; or

(b) a philanthropic purpose; or

(c) a prescribed purpose.Note

Credits may also be allocated under section 31, 40 or 43.

64 Allocation must be recorded

(1) If native vegetation credits are allocated under section 63, the holder of the credits must lodge with the Registrar of Native Vegetation Credits a notification for the recording of the allocation.

(2) A notification under subsection (1) must—


(b) be accompanied by the prescribed fee, if any; and

(c) include a description of the purpose or offset condition for which the native vegetation credits are allocated.

(3) On the lodgement of a notification under subsection (1), the Registrar of Native Vegetation Credits must record the following in the Native Vegetation Credit Register—

(a) the allocation of the native vegetation credits under section 63;




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(b) the cancellation of corresponding alternate credits under section 66(1) that results from the allocation.

(4) An allocation of a native vegetation credit takes effect when the allocation is recorded in the Native Vegetation Credit Register.

65 Limits on allocation of native vegetation credits

A native vegetation credit cannot be allocated under section 63 if—

(a) unless the allocation is reversed under section 67 or 68, that credit has previously been allocated under section 63; or

(b) the credit is a corresponding alternate credit of that credit and is required to be cancelled under section 66; or

(c) the credit is suspended or cancelled.

66 Cancellation of corresponding alternate credits on allocation

(1) If any or all native vegetation credits created for a site or biodiversity class area are allocated under section 63, the same proportion of corresponding alternate credits created for that site or biodiversity class area is cancelled.

(2) If an allocation of native vegetation credits is reversed under section 67 or 68, any cancellation under this section of corresponding alternate credits is reversed.

67 Application for reversal of allocation of credits

(1) If a native vegetation credit is allocated under section 63, the holder of that credit may apply to the Secretary for the reversal of the allocation of that credit if—

(a) the credit was created under Part 2; or




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(b) the credit was created under Part 3 and was allocated under section 63 by a person other than the Minister.

Note

Section 68 provides for the reversal by the Minister of an allocation of credits.


(a) be in the form approved by the Secretary; and


(3) The Secretary may accept an application under subsection (1) for the reversal of an allocation of a native vegetation credit for an offset condition if—

(a) the Secretary is satisfied that no native vegetation has been removed, destroyed or lopped in complying with the requirement of the planning permit or a planning scheme that constitutes the offset condition for which the credit was allocated; and

(b) the planning decision maker notifies the Secretary in writing that the allocation of the credit is not required for the offset condition.

(4) The Secretary may accept an application under subsection (1) for the reversal of an allocation of a native vegetation credit for a prescribed purpose in circumstances prescribed for the purposes of this section.

68 Reversal of allocation by Minister of credits created for Crown land

If the Minister allocates a native vegetation credit created under Part 3 under section 63, the Minister may reverse the allocation of that credit—




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(a) if the credit was allocated for an offset condition, if—

(i) the Minister is satisfied that no native vegetation has been removed, destroyed or lopped in complying with the requirement of the planning permit or a planning scheme that constitutes the offset condition for which the credit was allocated; and

(ii) the planning decision maker notifies the Minister in writing that the allocation of the credit is not required for the offset condition; or

(b) if the credit was allocated for a prescribed purpose, in circumstances prescribed for the purposes of this section.

69 Notification and recording of reversal of allocation

(1) If an allocation of a native vegetation credit is reversed under section 67 or 68, the holder of the credit must lodge with the Registrar of Native Vegetation Credits a notification for the recording of that reversal.

(2) On the lodgement of a notification under subsection (1), the Registrar of Native Vegetation Credits must record the following in the Native Vegetation Credit Register—

(a) the reversal of the allocation;

(b) the reversal of any cancellation of corresponding alternate credits that resulted from the allocation.

(3) The reversal of an allocation of a native vegetation credit under this section takes effect when the reversal is recorded in the Native Vegetation Credit Register.

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PART 8—TRANSFER OF NATIVE VEGETATION CREDITS

70 Native vegetation credits may be transferred

(1) Subject to this Part, the holder of native vegetation credits may in writing transfer the credits to any person.

(2) If native vegetation credits created for a site or biodiversity class area are transferred under subsection (1), the same proportion of corresponding alternate credits created for that site or biodiversity class area is transferred to the same transferee.

71 Consideration for transfer

A transfer of native vegetation credits must—

(a) state whether the transfer is for monetary consideration; and

(b) if the transfer is for monetary consideration, state the amount of that consideration.

72 Automatic transfer of native vegetation credits on transfer of land

(1) If ownership of land is transferred to any person, a native vegetation credit created for that land is transferred to that person if that credit—

(a) is held by the transferor immediately before the transfer; and

(b) has not been allocated under this Act or, if it has been allocated, that allocation has been reversed.

Note

If private land for which credits have been created is transferred, the transferee must notify the Secretary: see section 86.




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(2) A transfer of native vegetation credits under subsection (1) is not a previous transfer of those credits for the purposes of section 75(1)(a) or 76(1)(a) or Part 9.

73 Native vegetation credits cannot be transferred if previously allocated

(1) Subject to subsection (2), a person cannot transfer a native vegetation credit if that credit has previously been allocated under this Act.

(2) A person may transfer a native vegetation credit that has previously been allocated if that allocation has been reversed under section 67 or 68.

74 Native vegetation credits cannot be transferred if suspended or cancelled

A person cannot transfer a native vegetation credit if that credit is suspended or is cancelled.

75 Secretary must approve certain transfers of credits

(1) If native vegetation credits created under Part 2 are transferred, the transferor or the transferee, or the transferor's or transferee's agent, must apply to the Secretary for approval of the transfer if—

(a) the credits have not previously been transferred to any person; and

(b) the credits are transferred during the 10-year period beginning on the day on which the native vegetation management agreement relating to the land for which the credits were created comes into effect.


(a) if the transfer is for monetary consideration, be accompanied by an amount payable to the Secretary equivalent to the consideration stated under section 71; and




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(b) be in the form approved by the Secretary; and

(c) be accompanied by the prescribed fee, if any; and

(d) include the estimate described in section 9(3)(d); and

(e) include details of the number of the native vegetation credits being transferred as a proportion of the total number of credits created for the site; and

(f) include any information prescribed for the purposes of this section; and

(g) include any further information required by the Secretary.

(3) The Secretary may request that the applicant provide the Secretary with further information regarding the consideration or lack of consideration for a transfer of native vegetation credits if—

(a) the transfer is stated under section 71 to be for monetary consideration and the stated consideration is not at least the prescribed percentage of—

(i) the estimate provided under section 9(3)(d) in relation to the native vegetation credits being transferred; or

(ii) the proportion described in subsection (2)(e) of that estimate; or

(b) the transfer is stated under section 71 to not be for monetary consideration.




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(4) If, after considering any further information required under subsection (3), the Secretary believes on reasonable grounds that the consideration stated for that transfer is insufficient to enable the land owner to carry out the requirements of the site management plan or the proportion described in subsection (2)(e) of those requirements, the Secretary may—

(a) reject the application; or

(b) request the applicant to vary the consideration provided for the transfer.

Note

A decision under this section to reject an application or to request the applicant to vary the consideration is a reviewable decision for the purposes of Division 7 of Part 11.

(5) If the Secretary does not reject an application under this section, the Secretary must—

(a) approve the transfer and lodge with the Registrar of Native Vegetation Credits a notification of the transfer; and

(b) pay any monetary consideration that accompanied the application into the Fund.

(6) If the Secretary requests the applicant to vary the consideration provided for the transfer, the applicant may—

(a) amend the application and resubmit it, accompanied by the varied amount of consideration; or


(7) If the Secretary rejects an application under this section or the application is withdrawn, the Secretary must return to the applicant any amount that accompanied the application under subsection (2)(a).




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76 Transfer of certain credits held by the Minister

(1) Subject to subsection (2), the Minister may transfer native vegetation credits held by the Minister that are created under Part 3 for land that is subject to a vegetation improvement plan if—

(a) the credits have not previously been transferred to any person; and

(b) the credits are transferred during the 10-year period beginning on the day that the vegetation improvement plan comes into effect.

(2) The Minister may make a transfer under subsection (1) if—

(a) in the case of a transfer that is stated under section 71 to be for monetary consideration, the consideration is—

(i) at least the prescribed percentage of the same proportion of the estimate provided under section 17(3)(c)(ii), 18(3)(d) or 20(3)(e)(ii) as the proportion of the number of the native vegetation credits being transferred relative to the number of the total number of credits created for the site; or

(ii) less than the amount described in subparagraph (i) if the Minister is satisfied that the consideration is sufficient to enable the Crown land manager to carry out the requirements specified in the vegetation improvement plan or that the Crown land manager is otherwise able to carry out those requirements; or




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(b) in the case of a transfer that is stated under section 71 to not be for monetary consideration, the Minister is satisfied that the Crown land manager is able to carry out the requirements of the vegetation improvement plan.

(3) If the Minister transfers native vegetation credits under this section, the Minister must—

(a) lodge with the Registrar of Native Vegetation Credits a notification of the transfer; and

(b) pay any monetary consideration for the transfer into the Fund.

77 Application to Registrar of Native Vegetation Credits for recording of transfer of credits

(1) Subject to subsection (2), if a native vegetation credit is transferred, the transferor or the transferee, or the transferor's or transferee's agent, must apply to the Registrar of Native Vegetation Credits for the transfer to be recorded in the Native Vegetation Credit Register.

(2) An application under subsection (1) for the recording of the transfer must not be lodged if—

(a) the Secretary must approve the transfer under section 75; or

(b) the transfer is made under section 76.

(3) An application under subsection (1) must be in the form approved by the Registrar of Native Vegetation Credits and accompanied by the prescribed fee, if any.

(4) The Registrar of Native Vegetation Credits must accept an application made in accordance with this section.




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78 Recording of transfer of native vegetation credits

(1) The Registrar of Native Vegetation Credits must record a transfer of native vegetation credits in the Native Vegetation Credit Register—

(a) on the lodgement of notification by the Secretary under section 75(5)(a); or

(b) on the lodgement of notification by the Minister under section 76(3)(a); or

(c) on accepting an application under section 77.

(2) A transfer of a native vegetation credit takes effect when the transfer is recorded in the Native Vegetation Credit Register.

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PART 9—SUSPENSION AND CANCELLATION OF NATIVE VEGETATION CREDITS

Division 1—Suspension of native vegetation credits

79 Suspension on grounds of false or misleading information

(1) Subject to subsection (2), the Secretary may suspend native vegetation credits held by a person other than the Minster if the Secretary suspects on reasonable grounds that any information provided in an application under section 9 or 20 relied on in the creation of the credits was false or misleading.

(2) The Secretary cannot suspend native vegetation credits under this section if—

(a) the credits have been transferred to a person other than the owner of land for which the credits were created; or

(b) the credits have been allocated under section 63 and that allocation has not been reversed.

(3) If the Secretary suspends native vegetation credits under this section, the Secretary must notify the holder of the credits of the suspension in writing, stating the grounds on which the native vegetation credits are suspended.

(4) If the Secretary suspends native vegetation credits under this section, the Secretary must investigate the suspicions that led to the suspension.

(5) Not more than 28 days after suspending native vegetation credits under this section, the Secretary must—




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(a) propose to cancel the credits under section 81; or

(b) lift the suspension of the credits.

(6) If the Secretary proposes to cancel native vegetation credits, the Secretary must notify the holder of the credits of the proposed cancellation in writing.

(7) A notice under subsection (6) must state—

(a) the grounds on which the native vegetation credits are proposed to be cancelled; and

(b) that the holder of the credits may make submissions on the cancellation to the Secretary within 28 days after the notice.

80 Recording of suspension and lifting of suspension

(1) The Secretary must lodge with the Registrar of Native Vegetation Credits a notification for the recording of—

(a) the suspension of native vegetation credits under section 79; and

(b) the lifting of the suspension under section 79 or 81.

(2) On the lodgement of a notification under subsection (1), the Registrar of Native Vegetation Credits must record the suspension or the lifting of the suspension in the Native Vegetation Credit Register.

(3) A suspension or a lifting of the suspension of a native vegetation credit takes effect when the suspension or the lifting of the suspension is recorded in the Native Vegetation Credit Register.




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Division 2—Cancellation of native vegetation credits

81 Cancellation on basis of false or misleading information

(1) Subject to this Division, the Secretary may cancel native vegetation credits if—

(a) the credits are suspended under section 79; and

(b) the 28-day period referred to in section 79(7) has expired; and

(c) the Secretary has considered any submissions received within that period.

(2) If the Secretary does not cancel native vegetation credits that are suspended under section 79 within 28 days after the period stated in the notice given under section 79(6) has expired, the Secretary must lift the suspension of those credits.

(3) If the Secretary cancels native vegetation credits under this section, the Secretary must notify the holder of the credits of the cancellation in writing.

Note

A decision to cancel native vegetation credits under this section is a reviewable decision for the purposes of Division 7 of Part 11.

82 Cancellation for non-compliance with native vegetation management agreement

(1) Subject to this Division, the Secretary may cancel native vegetation credits if—

(a) the credits are suspended under section 111; and

(b) the owner of the land for which the credits were created does not comply with any direction given to the owner under section 110—




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(i) within the period specified in the notice given under section 110(1); or

(ii) if the period described in subparagraph (i) is extended under section 110(3), within the extended period.

(2) If the Secretary cancels native vegetation credits under this section, the Secretary must notify the holder of the credits of the cancellation in writing.

Note

A decision to cancel native vegetation credits under this section is a reviewable decision for the purposes of Division 7 of Part 11.

83 Recording of cancellation

(1) If the Secretary cancels a native vegetation credit under this Division, the Secretary must lodge with the Registrar of Native Vegetation Credits a notification for the recording of that cancellation.

(2) On the lodgement of a notification under subsection (1), the Registrar of Native Vegetation Credits must record the cancellation in the Native Vegetation Credit Register.

(3) A cancellation of a native vegetation credit under this Division takes effect when the cancellation is recorded in the Native Vegetation Credit Register.

Note

Native vegetation credits may also be cancelled under section 31, 40 or 43.

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PART 10—NATIVE VEGETATION CREDIT FUND

Division 1—Native Vegetation Credit Fund

84 Native Vegetation Credit Fund established in Trust Fund

There is established in the Public Account as part of the Trust Fund an account to be known as the Native Vegetation Credit Fund.

85 Money paid into the Fund

The Fund consists of—

(a) any amounts paid into the Fund under sections 75(5)(b) and 76(3)(b); and

(b) any money derived from any investment of the Native Vegetation Credit Fund.

Division 2—Notification of transfer of land

86 Owner of land to notify Secretary if land transferred

(1) If the ownership of private land for which native vegetation credits have been created is transferred to any person, that person must—

(a) notify the Secretary of the transfer; and

(b) notify the Registrar of Native Vegetation Credits if ownership of any native vegetation credit created for that land is transferred under section 72(1) with the land.

(2) Notification under subsection (1) must—


(b) be accompanied by any information required by the Secretary.




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(3) If the ownership of private land for which native vegetation credits have been created is transferred to a person and that person does not notify the Secretary under subsection (1), an obligation to make a payment from the Fund to that person imposed on the Secretary by Division 3 is met if the Secretary makes the payment to the transferor of the land.

(4) Subsection (3) applies until the person notifies the Secretary of the transfer under subsection (1) or submits an annual report relating to the land under section 94, whichever is earlier.

Division 3—Payments from the Fund

87 Payments from the Fund

Subject to this Division, money may be paid out of the Fund from time to time to an owner of land or a Crown land manager if—

(a) the owner or Crown land manager has submitted any annual report required under Division 2 of Part 11; and

(b) requirements relating to the land have been met; and

(c) those requirements are specified in a native vegetation management agreement or vegetation improvement plan relating to the land.

88 Initial payment to owner of private land

If the Secretary approves under Part 8 an application for the transfer of native vegetation credits created for private land, the Secretary must make a payment calculated in the prescribed manner to the owner of that land if—




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(a) a payment has not previously been made under this section or section 89 in relation to a transfer of any credits created for that land; and

(b) the Secretary is satisfied that at the time of the transfer the owner had submitted any annual report that the owner was required to submit under section 94(1) in relation to that land; and

(c) any annual report submitted by the owner in relation to the land has been accepted by the Secretary under section 94(5) or (6).

89 Payments to owner of private land for meeting requirements

(1) Subject to subsection (2), the Secretary must make a payment calculated in the prescribed manner to an owner of private land who has submitted an annual report under section 94(1) if—

(a) monetary consideration for the transfer of native vegetation credits created for that land has been provided and the Secretary has paid that consideration into the Fund under section 75(5)(b); and

(b) the Secretary is satisfied that the owner has submitted under section 94(1) any annual report that the owner is required to submit in relation to the land; and

(c) any annual report submitted by the owner in relation to the land has been accepted by the Secretary under section 94(5) or (6); and

(d) subject to paragraph (e), the Secretary is satisfied that the owner has met the requirements of the native vegetation management agreement relating to the land




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that must be met at the time of the payment; and

(e) if the owner has failed to meet a requirement of the agreement, that failure is disclosed in the annual report most recently submitted by the owner under section 94(1) and that report has been accepted under section 94(6).

(2) The Secretary must not make a payment under this section to an owner of private land for meeting a requirement if a requirement specified in the native vegetation management agreement for that land that must be met during the 10-year period beginning on the day the native vegetation management agreement for the land comes into effect has not been met within 12 months after the expiry of that period.

90 Initial payment to Crown land manager

If the Minister transfers under section 76 native vegetation credits created for Crown land, the Secretary must make a payment calculated in the prescribed manner to the Crown land manager of that land if—

(a) a payment has not previously been made under this section or section 91 in relation to a transfer of any credits created for the land; and

(b) the Secretary is satisfied that at the time of the transfer the relevant Crown land manager had submitted any annual report required to be submitted under section 95(1) in relation to that land; and

(c) any annual report submitted by the Crown land manager in relation to the land has been accepted under section 95(4) or (5).




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91 Payments to Crown land manager for meeting requirements

(1) Subject to subsection (2), the Secretary must make a payment calculated in the prescribed manner to a Crown land manager for Crown land who has submitted an annual report under section 95(1) if—

(a) the Minister has paid into the Fund under section 76(3)(b) monetary consideration provided for a transfer of any native vegetation credits created for the Crown land; and

(b) the Secretary is satisfied that the Crown land manager has submitted any annual report that the Crown land manager is required to submit in relation to the Crown land under section 95(1); and

(c) any annual report submitted by the Crown land manager in relation to the Crown land has been accepted by the Secretary under section 95(4) or (5); and

(d) subject to paragraph (e), the Secretary is satisfied that the Crown land manager has met the requirements of the vegetation improvement plan to which the Crown land is subject that must be met at the time of the payment; and

(e) if the Crown land manager has failed to meet a requirement of the plan, the Crown land manager's failure to meet that requirement is disclosed in the annual report most recently submitted by the Crown land manager under section 95(1) and that report has been

accepted by the Secretary under section 95(5).




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(2) The Secretary must not make a payment under this section to a Crown land manager if a requirement specified in the vegetation improvement plan for that land that must be met before the plan ceases to have effect has not been met within 12 months after the plan ceases to have effect.

92 Unpaid consideration

(1) The Secretary may make a payment of any unpaid consideration relating to a native vegetation management agreement for one or more of the following—

(a) the carrying out under section 112 of an action to ensure compliance with the native vegetation management agreement;

(b) a biodiversity conservation purpose approved by the Minister.

(2) The Secretary may make a payment of any unpaid consideration relating to a vegetation improvement plan for a biodiversity conservation purpose approved by the Minister.


unpaid consideration, relating to a native vegetation management agreement or a vegetation improvement plan, means money in the Fund that—

(a) was paid into the Fund as consideration for the transfer of native vegetation credits created for the land that is subject to that agreement or plan; and

(b) has not been paid out under section 88, 89, 90 or 91 to the owner or Crown land manager of the land that is subject to the agreement or plan within 12 months after—




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(i) in the case of a native vegetation management agreement, the expiry of the 10-year period beginning on the day on which the agreement came into effect; or

(ii) in the case of a vegetation improvement plan, the day the plan ceases to have effect.

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PART 11—REPORTING, ENFORCEMENT AND COMPLIANCE

Division 1—Preliminary

93 Definitions

In this Part—

commencement day, in relation to a native vegetation management agreement or vegetation improvement plan, means the day on which the agreement or plan came into effect;

identification, in relation to an authorised officer, means a document in a form approved by the Secretary that—

(a) sets out the name of the authorised officer; and

(b) contains a photograph of the authorised officer; and

(c) indicates the fact that the person named in the document is authorised for the purposes of this Act.

Division 2—Reporting obligations

94 Owner of land to provide annual report to Secretary

(1) If a native vegetation management agreement relates to land for which native vegetation credits are created, a person who owns the land must, each year for 10 years after the commencement day, submit an annual report to the Secretary in accordance with this section.





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(2) An annual report submitted under subsection (1) must contain—

(a) details of any requirements specified in the native vegetation management agreement that must be met during the relevant year; and

(b) a statement as to whether the requirements described in paragraph (a) were met during the relevant year and, if so, how those requirements were met; and

(c) photographs that show the work carried out in order to meet those requirements.

(3) An annual report submitted under subsection (1) must—


(b) be submitted within 60 days after each anniversary of the commencement day.

(4) A person must not give false or misleading information in an annual report submitted under subsection (1).


(5) Subject to subsection (6), within 60 days after receiving an annual report under subsection (1) that complies with this section, the Secretary must accept the annual report unless the Secretary is satisfied that the owner of land has not met any requirement of the native vegetation management agreement.

(6) The Secretary may accept an annual report submitted under subsection (1) if the Secretary is satisfied that a failure of the owner of land to meet the requirements of the native vegetation management agreement was—




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(a) disclosed in the annual report; and

(b) due to extraordinary circumstances occurring in the relevant year that were beyond the control of the owner.

(7) If the Secretary does not accept an annual report under subsection (5) or (6), the Secretary must notify the owner of the land that the Secretary has rejected the annual report.

95 Crown land manager to provide annual report to Secretary

(1) The Crown land manager for Crown land that is subject to a vegetation improvement plan must, each year for 10 years after the commencement day, submit an annual report to the Secretary within 60 days of the anniversary of the commencement day.

(2) An annual report submitted under subsection (1) must include—

(a) details of any requirements specified in the vegetation improvement plan that must be met during the relevant year; and

(b) a statement as to whether the requirements described in paragraph (a) were met during the relevant year and, if so, how those requirements were met.

(3) An annual report submitted under subsection (1) must be in the form approved by the Secretary.

(4) Subject to subsection (5), within 60 days after receiving an annual report under subsection (1) that complies with this section, the Secretary must accept the annual report unless the Secretary is satisfied that the Crown land manager has not met any requirement of the vegetation improvement plan.




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(5) The Secretary may accept an annual report submitted under subsection (1) if the Secretary is satisfied that a failure of the Crown land manager to meet the requirements of the vegetation improvement plan was—

(a) disclosed in the annual report; and

(b) due to extraordinary circumstances occurring in the relevant year that were beyond the control of the Crown land manager.

(6) If the Secretary does not accept an annual report under subsection (4) or (5), the Secretary must notify the Crown land manager and the relevant Crown land Minister that the Secretary has rejected the annual report.

96 Crown land Ministers to provide annual report

(1) The Minister administering the Crown Land (Reserves) Act 1978 must, within 3 months after the end of each financial year, prepare an annual report for land managed under that Act during that financial year for which native vegetation credits have been created.

(2) The Minister administering the National Parks Act 1975 must, within 3 months after the end of each financial year, prepare an annual report for land managed under that Act during that financial year for which native vegetation credits have been created.

(3) The Minister administering the Wildlife Act 1975 must, within 3 months after the end of each financial year, prepare an annual report for land managed under that Act during that financial year for which native vegetation credits have been created.




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(4) An annual report prepared under this section must contain—

(a) in relation to land managed under the Act that is subject to a vegetation improvement plan, an assessment of the implementation of the plan; and

(b) in relation to land managed under the Act for which native vegetation credits were created, details of any change during the financial year to the purpose for which land managed under the Act is reserved; and

(c) if the purpose for which land is reserved changes during the financial year and the Minister considers that change may reduce the protection of the native vegetation on the land, details of any steps proposed by the Minister to address that reduction.

(5) An annual report prepared under this section must be included in the Department of Environment and Primary Industries' annual report of operations for the financial year under Part 7 of the Financial Management Act 1994.

97 Periodic reports for private land

(1) The Secretary may, from time to time, request an owner of private land to provide a report relating to a specified period if—

(a) the land is subject to a native vegetation management agreement relating to land for which native vegetation credits have been created; and

(b) no part of the specified period falls within a year for which an annual report was required under section 94; and

(c) the Secretary has not requested a report from the owner under this section twice or more in




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the 10 years before the request.

(2) Within 60 days after receiving a request under subsection (1), the owner must provide the Secretary with the report in accordance with this section.


(3) A report provided under subsection (2) must contain—

(a) details of any requirements specified in the native vegetation management agreement that must be met during the specified period; and

(b) whether the requirements described in paragraph (a) were met during the specified period and, if so, how those requirements were met; and

(c) photographs that show the work carried out in order to meet those requirements.

(4) A person must not give false or misleading information in a report provided under subsection (2).


Division 3—Monitoring and investigation powers

98 Power to enter land with consent

(1) Subject to this section, an authorised officer may, at a reasonable time, enter private land with the consent of the occupier for one or more of the following purposes—

(a) determining whether the owner of the land has complied with a native vegetation




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management agreement to which the land is subject;

(b) verifying information contained in an application under section 9 or 20 for the creation of native vegetation credits for the land;

(c) verifying information contained in a report submitted under Division 2 in relation to the land;

(d) determining whether an offence against this Act has been or is being committed.

(2) Before asking for consent to enter land under this section, the authorised officer must give a reasonable explanation to the occupier about the following—

(a) the purpose of the entry;

(b) any powers intended to be exercised to achieve the purpose of the entry;

(c) that the occupier is not required to consent to the exercise of all or any of those powers;

(d) that consent may be given subject to conditions and may be withdrawn at any time;

(e) if the authorised officer enters land for the purpose described in subsection (1)(d), that any photograph, video recording, measurement, information or sample taken or provided with the occupier's consent is admissible as evidence against the owner in any proceeding against the owner for an offence against this Act.

(3) An authorised officer must not enter land under subsection (1) for a purpose described in that




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subsection if the occupier of the land has not consented to entry of the land for that purpose.

(4) The power to enter land under this section—

(a) is subject to any conditions of the consent and ceases if the consent is withdrawn; and

(b) does not enable an authorised officer to enter any building on that land.

(5) An authorised officer who enters land under this section for a purpose described in subsection (1)(a), (b) or (c) may—

(a) search and examine the land or vegetation or equipment on the land; and

(b) take photographs, video recordings or measurements of the land.

(6) Any photographs, video recordings or measurements taken under subsection (5)(b) are not admissible as evidence against the owner in any proceeding against the owner for an offence against this Act.

(7) An authorised officer who enters land under this section for the purpose described in subsection (1)(d) may—


(b) take photographs, video recordings or measurements of the land; and

(c) make enquiries of any person on the land; and

(d) without payment, take or ask the occupier to provide a sample of any vegetation, soil or substance from the land.

(8) Any photograph, video recording or measurement taken under subsection (7)(b), information




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provided under subsection (7)(c) or sample taken or provided under subsection (7)(d) is admissible as evidence against the owner in any proceeding against the owner for an offence against this Act.

99 Acknowledgement of consent to entry and search under section 98

(1) Subject to this section, if an occupier of land consents to the entry to the land by an authorised officer under section 98, the officer must, before entering the premises, ask the occupier to sign an acknowledgment.

(2) For the purpose of subsection (1), the acknowledgment must state—

(a) that the occupier has been informed—

(i) of the purpose of the entry; and

(ii) of the powers intended to be exercised to achieve the purpose of the entry; and

(iii) that the occupier is not required to consent to the exercise of all or any of those powers; and

(iv) that consent may be given subject to conditions and may be withdrawn at any time; and

(b) if entry to the land is for the purpose described in section 98(1)(d), that the occupier has been informed that any photograph, video recording, measurement, information or sample taken or provided with the occupier's consent is admissible as evidence in proceedings; and

(c) that the occupier has consented to the entry; and

(d) that the occupier has consented to the purpose of the entry; and




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(e) the conditions, if any, to which the occupier's consent is subject; and

(f) the date and time that the occupier consented.

(3) If an occupier of land consents to the taking of any thing by the authorised officer, the officer must, before taking the thing, ask the occupier to sign an acknowledgement.

(4) For the purpose of subsection (3), the acknowledgment must state—

(a) that the occupier has consented to the taking of the thing; and

(b) the date and time that the occupier consented.

(5) An authorised officer must give a copy of a signed acknowledgement to the occupier before leaving the land.

100 Power to enter land with notice

(1) Subject to this section, after having given 7 days' notice to the occupier of private land, an authorised officer may enter the land for one or more of the following purposes—

(a) determining whether the owner of the land has complied with a native vegetation management agreement to which the land is subject;

(b) verifying information contained in an application under section 9 or 20 for the creation of native vegetation credits for the land;

(c) verifying information contained in a report submitted under Division 2 in relation to the land;




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(d) with the consent of the occupier of the land, determining whether an offence against this Act has been or is being committed.

(2) An authorised officer who enters land under this section may—


(b) take photographs, video recordings or measurements of the land.

(3) An authorised officer who enters land under this section may, with the consent of the occupier of the land—

(a) make enquiries of any person on the land; and

(b) without payment, take or ask the occupier to provide a sample of any vegetation, soil or substance from the land.

(4) The power to enter land under this section does not enable an authorised officer to enter any building on that land.

(5) A photograph, video recording or measurement taken under subsection (2) or information or sample taken or provided under subsection (3) is not admissible as evidence against the owner in any proceeding against the owner for an offence against this Act unless the occupier of land has consented to entry under subsection (1) for the purpose described in subsection (1)(d).

(6) An authorised officer who enters land under this section must not do so between the hours of 6.00 p.m. and 7.30 a.m. unless the occupier consents.

(7) Notice given under subsection (1) must be in writing and must inform the occupier—




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(a) of the purpose of entry; and

(b) that the occupier must allow the entry and the exercise of powers under subsection (2); and

(c) that the occupier may refuse to consent to the exercise of powers under subsection (3); and

(d) if entry to the land is for the purpose described in subsection (1)(d), that any photograph, video recording or measurement taken under subsection (2) or information or sample taken or provided under subsection (3) is admissible as evidence against the owner in any proceeding against the owner for an offence against this Act.

101 Acknowledgement of things to be taken under section 100

(1) If the occupier is present when an authorised officer exercises a power of entry under section 100 and the occupier consents to the taking of any thing, the officer must before taking the thing ask the occupier to sign an acknowledgment stating—

(a) that the occupier has consented to the taking of the thing; and

(b) the date and time that the occupier consented.

(2) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the authorised officer leaves the land.

(3) If the occupier is not present when an authorised officer exercises a power of entry under section 100, the authorised officer must, on leaving the land, leave a notice setting out—

(a) the time of entry; and




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(b) the purpose of entry; and

(c) a description of all things done while on the land; and

(d) the time of departure; and

(e) the procedure for contacting the Secretary for further details of the entry.

102 Power to enter land with warrant

(1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular private land if the officer believes on reasonable grounds that there is on the land evidence of the commission of an offence against this Act.

(2) If a magistrate is satisfied by the evidence, on oath or by affidavit of the authorised officer that there are reasonable grounds to believe that there is a thing or things of a particular kind on the land that are connected with the commission of an offence against this Act, the magistrate may issue a warrant, in accordance with the Magistrates' Court Act 1989, authorising an authorised officer named in the warrant, together with any person assisting the authorised officer and any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

(a) to enter the land named or described in the warrant, by force if necessary; and

(b) to re-enter that land, by force if necessary, if re-entry is specified in the warrant; and

(c) to do any one or more of the following things specified in the warrant—

(i) search for and seize a thing or things of a particular kind;




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(ii) inspect, extract or copy a document or document of a particular kind;

(iii) inspect and take photographs, video recordings or measurements of the land;

(iv) with whatever assistance is required, take and keep samples of any vegetation, soil or substance from the land named or described in the warrant and which the authorised officer believes, on reasonable grounds, to be connected with the alleged commission of an offence.

(3) A search warrant issued under this section must state—

(a) the purpose for which the search is required and the nature of the alleged offence; and

(b) any conditions to which the warrant is subject; and

(c) whether entry and, if specified in the warrant, re-entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

(d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) A search warrant issued under this section authorises an authorised officer named in the warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize or take a sample of any thing which is not of the kind described in the warrant if—

(a) the officer believes on reasonable grounds that the thing—




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(i) is of a kind which could have been included in a search warrant issued under this section; or

(ii) will afford evidence about the contravention of this Act; and

(b) in the case of the seizure of a thing, the officer believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of this Act.

(5) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.

(6) Despite subsection (4) or anything in the Magistrates' Court Act 1989, a warrant under this section does not authorise an authorised officer to arrest a person.

103 Announcement before entry on warrant

(1) Before executing a search warrant under section 102, the authorised officer named in the warrant, or a person assisting the authorised officer, must—

(a) announce that the officer, or person assisting the officer, is authorised by the warrant issued under this Act to enter the land; and

(b) give any person on the land an opportunity to allow that entry.

(2) However, the authorised officer, or person assisting the authorised officer, need not comply with subsection (1) if the officer, or person assisting the officer, believes on reasonable grounds that immediate entry to the land is needed to ensure—




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(a) the health or safety of any person; or

(b) that the effective execution of the warrant is not frustrated.

104 Copy of warrant to be given to occupier

If an occupier or apparent occupier is present on the land when a search warrant is being executed, the authorised officer must give that person a copy of the execution copy of the warrant.

105 Production of identification

(1) Subject to subsection (2), an authorised officer must produce the officer's identification for inspection—

(a) before entering land under this Division; and

(b) if asked to do so, at any time during the exercise of any power under this Division unless the request is unreasonable in the circumstances.

(2) Subsection (1)(a) does not apply to an authorised officer who has entered land under section 98 or 100 if the occupier of the land is not present at the time of entry.

106 Offences relating to enforcement

(1) A person must not, without reasonable excuse—

(a) obstruct, hinder, intimidate or attempt to obstruct, hinder or intimidate an authorised officer in exercising the officer's powers under this Act; or

(b) interfere with anything done by an authorised officer in the exercise of the officer's powers under this Act.





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(2) A person must not provide information or produce a document to an authorised officer that the person knows to be false or misleading in a material respect.


107 Duty to minimise inconvenience or damage

In entering land under this Division, an authorised officer must—

(a) cause as little inconvenience or damage as is reasonably possible; and

(b) remain on the land only for so long as is reasonably necessary; and

(c) leave the land, as far as is reasonably possible, in the condition in which it was immediately before the entry; and

(d) must, as far as is reasonably possible, cooperate with the owner and occupier.

108 Requirements as to taking samples and seizure

(1) In exercising a power under this Division, an authorised officer may not take samples of a thing or seize a thing apparently in the possession of a person unless the officer provides that person with a written receipt for the sample taken or thing seized.

(2) If the officer is unable to ascertain the identity of the owner or custodian of the thing seized or sampled, the officer must leave a receipt with or post it to the person apparently in charge of the thing seized.




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109 Analysis and return of samples

(1) If an authorised officer proposes to take a sample under this Division, the officer must—

(a) advise the owner, if possible before taking the sample, that the sample is taken for the purpose of analysis; and

(b) advise the owner that the owner may nominate a person to analyse part of the sample; and

(c) forward a part of the sample that is sufficient for analysis—

(i) to any person nominated by the owner; and

(ii) to a qualified person nominated by the officer; and

(d) keep part of the sample untouched for future comparison; and

(e) unless the sample is a noxious weed, return the remainder of the sample to the person from whom it was taken within 28 days if the sample is not required for the purposes of a proceeding under this Act.


qualified person means a person who has been approved by the Secretary under section 88A of the Conservation, Forests and Lands Act 1987.

Division 4—Enforcement

110 Power of Secretary to give directions

(1) If the Secretary is satisfied that an owner of private land has failed to meet a requirement specified in a native vegetation management agreement to which the land is subject, the




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Secretary may, by notice in writing, direct the owner—

(a) to meet that requirement subject to any conditions specified in the notice; or

(b) to take measures specified in the notice, being measures that the Secretary thinks necessary to secure compliance with the agreement.

(2) A notice giving directions under subsection (1)—

(a) must specify the period during which the owner of the land must comply with the directions, being not less than 28 days beginning on the issue of the notice; and

(b) must include a statement that if a direction under subsection (1) is not complied with within the period specified in the notice or, if that period is extended under subsection (3), that extended period—

(i) the Secretary may cancel under section 82 native vegetation credits created for the land; or

(ii) the Secretary may under section 112 take any action necessary to ensure compliance with the direction; or

(iii) the Secretary may apply to VCAT for an order under section 113; or

(iv) the owner may be liable to criminal proceedings for the contravention of the native vegetation management agreement.

(3) The Secretary may, on application by the owner, extend the period specified in subsection (2).




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111 Automatic suspension of native vegetation credits

(1) A notice giving directions under section 110 suspends a native vegetation credit if—

(a) the credit was created in relation to land subject to the native vegetation management agreement in relation to which the directions were given; and

(b) the credit has not been transferred to a person other than the owner of the land; and

(c) the credit is not allocated under Part 7.

(2) If a native vegetation credit is suspended under subsection (1), the Secretary must lodge with the Registrar of Native Vegetation Credits a notification for the recording of the suspension.

(3) On the lodgement of a notification under subsection (2), the Registrar of Native Vegetation Credits must record the suspension in the Native Vegetation Credit Register.

(4) The suspension of a native vegetation credit under subsection (1) ends when the Secretary is satisfied that the owner of land, or the owner's successor in title, has complied with the directions contained in the notice that suspended the credit.

(5) When the Secretary is satisfied that the owner of land or the owner's successor in title has complied with the directions, the Secretary must—

(a) notify that person in writing that the Secretary is satisfied that the directions have been complied with; and

(b) lodge with the Registrar a notification that the suspension has ended.




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(6) On the lodgement of a notification under subsection (5)(b), the Registrar of Native Vegetation Credits must record the ending of the suspension in the Native Vegetation Credit Register.

112 Secretary may take action required by notice

(1) The Secretary may take any action necessary to ensure compliance with a direction given under section 110 if the owner of land fails to comply with the direction—

(a) within the period specified in the notice; or

(b) if the period described in paragraph (a) is extended under section 110(3), within the extended period.

(2) The Secretary may authorise a person and any person assisting that person to enter land and do anything that the Secretary reasonably considers to be necessary for the purposes of subsection (1).

(3) If a person is authorised to enter land under subsection (2), the Secretary must give the owner and the occupier of the land at least 7 days' notice of the entry.

(4) In entering land under this section, a person authorised under subsection (2) or a person assisting an authorised person must—








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(5) The Secretary may recover as a debt in a court of competent jurisdiction any expenses necessarily incurred in carrying out any action under subsection (1).Note

An amount awarded under section 112(5) may be a charge on land (see section 115).

113 Enforcement orders

(1) Subject to subsection (3), if an owner of private land fails to meet a requirement of a native vegetation management agreement to which the land is subject or a direction given under section 110, the Secretary may apply to VCAT for an enforcement order.

(2) On an application under subsection (1), VCAT may make any order it considers fair, including one or more of the following—

(a) an order requiring the owner of the land to carry out or refrain from carrying out a specified activity relating to the protection or improvement of native vegetation on that land; or

(b) an order requiring the owner to provide an offset for any loss of native vegetation resulting from the owner's failure to comply; or

(c) an order cancelling any native vegetation credits held by the owner.

(3) The Secretary may apply for an order under subsection (1) only if it is not possible in the circumstances to give a direction under section 110 to substantially the same effect.




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114 Injunctions

The Secretary may apply to a court of competent jurisdiction for an injunction restraining an owner of private land from—

(a) breaching a native vegetation management agreement to which that land is subject; or

(b) contravening an enforcement order granted by VCAT under section 113.

115 Amount due to Secretary is a first charge on land

(1) An amount awarded under section 112(5) or 123(7) against an owner of private land as a debt for expenses incurred by the Secretary is a first charge on that land until the amount is recovered by the Secretary.

(2) Land is charged under this section on the making of the order of the court awarding the amount under section 112(5) or 123(7).

(3) As soon as practicable after an award is made under section 112(5) or 123(7), the Secretary must apply to the Registrar of Titles to record notice of the charge in the Land Register.


(a) describe the land charged; and

(b) state the amount awarded under section 112(5) or 123(7).

(5) On an application under subsection (3), subject to the Transfer of Land Act 1958, the Registrar of Titles must record notice of the charge and the amount with which the land is charged in the Land Register.




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(6) The Secretary must notify the owner of land in writing that—

(a) notice of the charge is recorded in the Land Register; and

(b) the land is charged with the amount stated in the notice.

(7) A charge under this section does not bind a bona fide purchaser of the land for value without notice or a person deriving title from that person until notice of the charge is recorded in the Land Register.

(8) As soon as practicable after an amount owed is paid or recovered, the Secretary must lodge with the Registrar of Titles an application for the removal of the recording of the notice of the charge from the Land Register.

(9) On an application under subsection (8), subject to the Transfer of Land Act 1958, the Registrar of Titles must remove the notice of the charge from the Land Register and, on that removal, the charge on the land is removed.

(10) The recording or removal of a notice of a charge in the Land Register may be done under this section without submission to the Registrar of Titles of any relevant certificate of title.

116 Power of sale

(1) The Secretary may apply to a court of competent jurisdiction for an order permitting the sale of land that is subject to a charge under section 115 if—

(a) a notice of the charge under section 115 has been recorded on the title to the land for 12 months or more; and




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(b) an amount is owing under the charge; and

(c) the Secretary has attempted, but has failed to recover the amount owing under the charge.

(2) The court may make an order permitting the Secretary to sell the land under this section if satisfied as to the matters referred to in subsection (1)(a) to (c).

(3) The court may make an order that the person in possession of the certificate of title or other document required by the Registrar of Titles produce that certificate or document for the purposes of the sale of land under this section.

(4) If the court makes an order permitting the Secretary to sell the land, the Secretary must cause a notice of intention to sell the land to be served on any person recorded in the Land Register as having an interest in the land.

(5) A notice under subsection (4) must—

(a) be in writing and contain any particulars prescribed for the purposes of this section; and

(b) be served in the prescribed manner not less than one month before the intended sale; and

(c) state—

(i) the amount owing at the date of the notice; and

(ii) that the sale will not proceed if payment is made within one month of the service of the notice; and

(iii) the address at which payment may be made.

(6) Section 77 of the Transfer of Land Act 1958 applies to a sale of land pursuant to an order under subsection (2) as if—




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(a) the charge were a registered first mortgage, registered in priority to other encumbrances to which the land is subject; and

(b) the Secretary were a mortgagee under that mortgage; and

(c) the requirement relating to the giving of notice were deleted.

Division 5—Offences

117 Removal, destruction or lopping of protected native vegetation

An owner of private land must not intentionally or recklessly remove, destroy or lop native vegetation on that land if a native vegetation management agreement to which the land is subject requires that native vegetation to be protected or maintained.


118 Damage or degradation to protected native vegetation

(1) An owner of private land must not fail to meet a requirement in a native vegetation management agreement to which the land is subject if—

(a) the owner was aware or it was reasonable for the owner to be aware of that requirement; and

(b) the failure to meet the requirement results in damage or degradation to native vegetation required to be protected or maintained under that agreement.





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(2) An owner of private land must not use the land or permit the land to be used in a manner that does not comply with a native vegetation management agreement to which the land is subject if—

(a) the owner was aware or it was reasonable for the owner to be aware of that agreement; and

(b) the failure to comply with the agreement results in damage or degradation to native vegetation required to be protected or maintained under that agreement.


(3) It is a defence to a charge under subsection (1) or (2) for the person charged to prove that the person took all reasonable steps to comply with the native vegetation management agreement.

119 Compliance with native vegetation management agreement

(1) An owner of private land must not fail to meet a requirement in a native vegetation management agreement to which the land is subject.


(2) An owner of private land must not use the land or permit the land to be used in a manner that does not comply with a native vegetation management agreement to which the land is subject.


(3) It is a defence to a charge under subsection (1) or (2) for the person charged to prove that the person took all reasonable steps to comply with the native vegetation management agreement.

120 Orders to undertake specified works

(1) If a court convicts a person or finds a person guilty of an offence against this Act, the court may make an order—




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(a) requiring the offender to carry out or refrain from carrying out a specified activity relating to the protection or improvement of native vegetation; or

(b) requiring the offender to provide an offset for any loss of native vegetation resulting from the offence; or

(c) cancelling any native vegetation credits held by the offender.

(2) The order may specify conditions that must be complied with in undertaking the specified works.

(3) The court must not make an order under this section unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the offender for the offence concerned.

(4) The court may make an order under this section in relation to an offender in addition to or instead of—

(a) imposing a penalty on the offender; or

(b) making any other order that the court may make in relation to the offence.

Division 6—Enforceable undertakings

121 Enforceable undertakings

(1) The Secretary may enter into a written undertaking with a person if that person—

(a) is the owner of private land that is subject to a native vegetation management agreement; and

(b) has failed to comply with, or allegedly failed to comply with, that agreement.




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(2) An undertaking under subsection (1) must specify the nature and details of the person's failure or alleged failure to comply with a native vegetation management agreement.

(3) A person may with the consent of the Secretary withdraw or vary an undertaking.

122 Effect of undertakings

(1) While an undertaking is in force, proceedings may not be brought for an offence constituted by the failure to comply or alleged failure to comply in respect of which the undertaking is given.

(2) If an undertaking is withdrawn before it is fulfilled, proceedings may be brought for the offence constituted by the failure to comply or alleged failure to comply in respect of which the undertaking was given.

(3) If a person complies with the requirements of an undertaking, no further proceedings may be brought for an offence constituted by the failure to comply or alleged failure to comply in respect of which the undertaking was given.

123 Enforcement of undertakings

(1) If the Secretary considers that the person who gave an undertaking under section 121 has breached a term of the undertaking, the Secretary may apply to the Magistrates' Court for an order under subsection (2).

(2) If the Magistrates' Court is satisfied that the person has breached a term of the undertaking, the Magistrates' Court may make any of the following orders—




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(a) an order directing the person to comply with that term of the undertaking;

(b) an order that the person take any specified action for the purpose of complying with the undertaking;

(c) any other order that the Magistrates' Court considers appropriate in the circumstances.

(3) If a person fails to comply with an order made under subsection (2), the Secretary may take any action necessary to ensure compliance with the undertaking to which the order relates.

(4) The Secretary may authorise a person and any person assisting that person to enter land and do anything that the Secretary reasonably considers to be necessary for the purposes of subsection (3).

(5) If it is necessary for a person authorised under subsection (4) to enter land under subsection (4), the Secretary must give the owner and the occupier of the land at least 7 days' notice of the entry.

(6) In entering land under this section, a person authorised under subsection (4) must——








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(7) The Secretary may recover as a debt in a court of competent jurisdiction any expenses necessarily incurred in carrying out any action under subsection (3).Note

An amount awarded under section 123(7) may be a charge on land (see section 115).

(8) Nothing in this section prevents contempt of court proceedings from being started or continued against a person who has failed to comply with an order made under subsection (2).

124 Register of undertakings

(1) The Secretary must maintain a register of undertakings given under section 121.

(2) The Secretary must enter details of each undertaking given under section 121 in the register of undertakings.

(3) The register of undertakings must include—

(a) the date the undertaking was given; and

(b) a copy of the undertaking.

(4) A person may inspect the register of undertakings at any reasonable time without charge.

Division 7—Review or reconsideration of decisions

125 Definition

In this Division—

reviewable decision means a decision—

(a) to reject an application for the creation of native vegetation credits under section 12; or




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(b) to amend the potential gain in an application for the creation of native vegetation credits under section 12(3); or

(c) under section 75(4) to—

(i) reject an application to approve a transfer of native vegetation credits; or

(ii) request an applicant to vary the consideration provided for the transfer of credits; or

(d) to cancel a native vegetation credit under section 81 or 82.

126 Reconsideration of decisions

(1) Within 28 days after the making of a reviewable decision, the applicant for or holder of native vegetation credits that are the subject of the reviewable decision may, by written notice, apply to the Secretary for a reconsideration of that decision.

(2) An application under subsection (1) must set out the reasons for the application.

(3) The Secretary or person authorised by the Secretary must, within 28 days after the Secretary receives the application, reconsider the reviewable decision, and must make a decision—

(a) in substitution for the reviewable decision, whether in the same terms as the reviewable decision or not; or

(b) revoking the reviewable decision.




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(4) A person may not reconsider a reviewable decision under subsection (3) if the person made the reviewable decision.

(5) If, as a result of a reconsideration under subsection (3), the Secretary or person authorised by the Secretary makes a decision in substitution for or revoking a reviewable decision, the Secretary must, by written notice given to the applicant for the reconsideration inform the applicant of the result of the reconsideration.Note

The applicant may request a statement of reasons for a decision under section 45 of the Victorian Civil and Administrative Tribunal Act 1998.

127 Review of decisions by VCAT

(1) A person may by written notice apply to VCAT for a review of a reviewable decision if the person has applied for a reconsideration of the reviewable decision under section 126 and either—

(a) the person has received notice of the reconsideration under section 126(5); or

(b) the 28-day period within which the reconsideration must take place under section 126(3) has expired.

(2) An application under subsection (1) must be lodged with VCAT within 28 days after—

(a) the applicant receives notice under section 126(5) or the 28-day period referred to in subsection (1)(b) expires, whichever is the sooner; or




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(b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

(3) An application under subsection (1) must set out the reasons for making the application.

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PART 12—GENERAL

128 Secretary may set fees for services provided by Department employees

(1) The Secretary may, by notice in the Government Gazette, fix fees for the provision of any service under this Act provided by a person employed under Part 3 of the Public Administration Act 2004 acting as a qualified assessor.

(2) In setting fees, the Secretary may provide for one or both of the following matters—

(a) specific fees;

(b) maximum fees.

(3) A fee set under subsection (1) must not exceed any maximum amount prescribed for the purposes of this section.

129 Secretary may approve forms

(1) The Secretary may approve forms for the purposes of this Act.

(2) The Secretary must ensure forms approved under subsection (1) are—

(a) available at the offices of the Department of Environment and Primary Industries; and

(b) published on the Internet site of the Department of Environment and Primary Industries.

130 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) fees for the purposes of this Act;

(b) the manner or method for the determination or calculation of—




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(i) the habitat importance score for a site or a biodiversity class area;

(ii) the potential gain for a site or a biodiversity class area;

(iii) the strategic biodiversity score for a site or a biodiversity class area;

(iv) the relative importance of a site as habitat for an identified species of rare or threatened flora or fauna;

(c) prescribing an electronic system or computer program or the criteria of an electronic system or computer program that may be used to make a determination or calculation under this Act and any fees payable for the operation of any such system or program;

(d) the criteria that are to be taken into account during a determination or calculation under this Act;

(e) prescribing a threshold for the purposes of section 5;

(f) prescribing a native vegetation management agreement fee under Part 5;

(g) prescribing agreements or arrangements for the purposes of sections 12(2)(d), 17(4)(b), 18(4)(a) and 23(2)(e);

(h) information that must be contained in an application under this Act;

(i) eligibility criteria for sites;

(j) the nature and attributes of native vegetation credits;

(k) purposes for which native vegetation credits may be allocated;




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(l) circumstances in which an allocation of native vegetation credits for a prescribed purpose may be reversed;

(m) prescribing for the purposes of sections 75 and 76 a percentage by which consideration for the transfer of native vegetation credits may vary;

(n) terms and conditions to be included in native vegetation management agreements;

(o) details of site management plans;

(p) details of vegetation improvement plans;

(q) the manner in which payments from the Fund are calculated;

(r) criteria for qualified assessors;

(s) the provision of training and testing for qualified assessors and fees for that testing or training;

(t) information that must be contained in the record for a native vegetation credit or in the Native Vegetation Credit Register;

(u) forms;

(v) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) A power conferred by this Act to make regulations may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and




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(b) so as to make, with respect to the cases in relation to which the power is exercised—

(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same cases or classes of case for different purposes; or

(ii) any such provision either unconditionally or subject to any specified condition.

(3) Regulations made under this Act may be made—

(a) so as to apply—

(i) at all times or at a specified time; or

(ii) throughout the whole of the State or in a specified part of the State; or

(iii) as specified in both subparagraphs (i) and (ii); and

(b) so as to require a matter affected by the regulations to be—

(i) in accordance with a specified standard or specified requirement; or

(ii) approved by or to the satisfaction of specified persons or specified classes of person; or

(iii) as specified in both subparagraphs (i) and (ii); and

(c) so as to apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person whether—




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(i) wholly or partially or as amended by the regulations; or

(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(iii) as formulated, issued, prescribed or published from time to time; and

(d) so as to confer a discretionary authority or impose a duty on a specified person or specified classes of person; and

(e) so as to provide in specified cases or classes of case for the exemption of persons or things or classes of person or thing from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.

(4) If under subsection (3)(c)(iii) a regulation has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, the document, code, standard, rule, specification or method is for the purpose of the regulation to be taken to have not been so amended until notice of the amendment is published in the Government Gazette.

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PART 13—CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS

Division 1—Transitional Provisions

131 Definition

In this Division—

security agreement means an agreement or covenant entered into for the purpose of creating pre-existing credits under—

(a) section 69 of the Conservation, Forests and Lands Act 1987; or

(b) section 3A of the Victorian Conservation Trust Act 1972; or

(c) section 173 of the Planning and Environment Act 1987.

132 Pre-existing credits

(1) The Minister may by Order identify credits that exist before the commencement of this Act.

(2) An Order under subsection (1) must specify the following in relation to each credit identified by the Order—


(b) if the credit is created in relation to private land, details of the security agreement entered into for the purpose of creating the credit;

(c) if the credit is created in relation to Crown land, a description of the land in relation to which the credit was created;

(d) if the credit is created in relation to private land, a description of the land that is subject to the security agreement;




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(e) information that is to form the nature and attributes of the credit;

(f) the value assigned to the credit;

(g) the details of any transfer of the credit before the commencement of this Act, including the date of the transfer and any consideration provided for the transfer;

(h) the details of any allocation of the credit before the commencement of this Act;

(i) a statement that the credit existed before the commencement of this Act;

(j) any information prescribed for the purposes of this section.

(3) On the making of an Order under subsection (1), the Registrar of Native Vegetation Credits must make a record in the Native Vegetation Credit Register for the pre-existing credits identified in the Order containing the information specified in the Order.

(4) If a pre-existing credit is recorded in the Native Vegetation Credit Register, Parts 1, 6, 7 and 8 (except sections 72, 74, 75 and 76) and, if the credit is created for land subject to a security agreement, section 97 applies to the credit as if—

(a) the credit were a native vegetation credit created under Part 2 or Part 3; and

(b) if the credit is created in relation to private land, a reference to the native vegetation management agreement is a reference to the security agreement specified in the Order under subsection (1) that identified the credit; and

(c) a reference to an allocation under Part 7 includes a reference to an allocation before the commencement of the Act that is




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specified in the Order under subsection (1) that identified the credit; and

(d) a reference to a transfer under Part 8 includes a transfer before the commencement of the Act that is specified in the Order under subsection (1) that identified the credit.

Division 2—Consequential Amendments

133 Conservation, Forests and Lands Act 1987See:Act No.41/1987.Reprint No. 8as at21 July 2011and amendingAct Nos65/2011, 43/2012, 67/2013 and 24/2014LawToday:www.legislation.vic.gov.aus. 133

(1) In section 11(3A) and (3B) of the Conservation, Forests and Lands Act 1987, after "National Parks Act 1975," insert "the Native Vegetation Credit Market Act 2014,".

(2) In Schedule 1 to the Conservation, Forests and Lands Act 1987, after "National Parks Act 1975." insert "Native Vegetation Credit Market Act 2014.".

134 Crown Land (Reserves) Act 1978

After section 20A of the Crown Land (Reserves) Act 1978 insert—

"20B Land to be managed consistently with vegetation improvement plan

See:Act No.9212.Reprint No. 10as at1 July 2011and amendingAct Nos64/2004, 65/2010, 7/2012, 17/2012, 46/2012, 31/3013, 79/2013 and 30/2014.LawToday:www.legislation.vic.gov.au

Part 3—Creation of Native Vegetation Credits for Crown land



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If the whole or a part of land reserved under this Act is subject to a vegetation improvement plan within the meaning of the Native Vegetation Credit Market Act 2014, the person responsible for the management of that land under this Act must ensure that any works carried out relating to the management, improvement and protection of native vegetation on the land are carried out in accordance with that vegetation improvement plan.".

135 National Parks Act 1975

After section 16B of the National Parks Act 1975 insert—

"16C Land to be managed consistently with vegetation improvement plan

If land that constitutes the whole or any part of a park under this Act is subject to a vegetation improvement plan within the meaning of the Native Vegetation Credit Market Act 2014, the person responsible for the management of that land under this Act must ensure that any works relating to the management, improvement and protection of native vegetation on the land are carried out in accordance with that vegetation improvement plan.".

136 Planning and Environment Act 1987

(1) In section 3(1) of the Planning and Environment Act 1987 insert the following definitions—

"native vegetation credit has the same meaning as it has in the Native Vegetation Credit Market Act 2014;

offset condition has the same meaning as it has in the Native Vegetation Credit Market Act

See:Act No.8702.Reprint No. 14as at14 November 2012and amendingAct Nos38/1989, 17/2013, 45/2013 and 79/2013.LawToday:www.legislation.vic.gov.au

s. 135

See:Act No.45/1987.Reprint No. 11as at28 October 2013and amendingAct Nos70/2013 and 17/2014.LawToday:www.legislation.vic.gov.au




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2014;

third party land, in relation to an offset condition, means land that—

(a) is not subject to the offset condition; and

(b) is not owned by the person who must satisfy the offset condition;

third party offset, in relation to an offset condition, means the satisfaction of that offset condition on third party land;".

(2) After section 6(4A) of the Planning and Environment Act 1987 insert—

"(4B) Subject to section 6B, a planning scheme may regulate or provide for the quantity, nature or attributes of native vegetation credits required to satisfy offset conditions.".

(3) After section 6A of the Planning and Environment Act 1987 insert—

"6B Allocation of native vegetation credits

(1) The holder of native vegetation credits may allocate those credits under section 63 of the Native Vegetation Credit Market Act 2014 to satisfy an offset condition in a planning scheme.

(2) An offset condition in a planning scheme may not be satisfied by a third party offset other than the allocation of native vegetation credits under section 63 of the Native Vegetation Credit Market Act 2014.

(3) Subsection (2) does not apply in relation to an offset condition that applies to land within the Melbourne Strategic Assessment Area within the meaning of the Native Vegetation Credit Market Act 2014.".




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(4) After section 56(2) of the Planning and Environment Act 1987 insert—

"(2A) Subject to section 62(4A), (4B) and (4C), the conditions specified by the referral authority may include a condition providing for the quantity, nature or attributes of native vegetation credits required to satisfy an offset condition.".

(5) After section 62(2)(g) of the Planning and Environment Act 1987 insert—

"(h) subject to subsections (4A), (4B) and (4C), a condition providing for the quantity, nature or attributes of native vegetation credits required to satisfy an offset condition; and".

(6) After section 62(4) of the Planning and Environment Act 1987 insert—

"(4A) The holder of native vegetation credits may allocate those credits under section 63 of the Native Vegetation Credit Market Act 2014 to satisfy an offset condition in a permit.

(4B) An offset condition in a permit may not be satisfied by a third party offset other than the allocation of native vegetation credits under section 63 of the Native Vegetation Credit Market Act 2014.

(4C) Subsection (4B) does not apply in relation to an offset condition that applies to land within the Melbourne Strategic Assessment Area within the meaning of the Native Vegetation Credit Market Act 2014.".

137 Traditional Owner Settlement Act 2010See:Act No.62/2010.Reprint No. 1as at8 March 2013




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and amendingAct No42/2013.LawToday:www.legislation.vic.gov.aus. 137

(1) After section 28(q) of the Traditional Owner Settlement Act 2010 insert—

"(qa) the preparation of a vegetation improvement plan under section 28 of the Native Vegetation Credit Market Act 2014;".

(2) After section 29(m) of the Traditional Owner Settlement Act 2010 insert—

"(ma) in relation to the preparation of a vegetation improvement plan under section 28 of the Native Vegetation Credit Market Act 2014, the Crown land manager, within the meaning of that Act;".

138 Wildlife Act 1975

After section 18B of the Wildlife Act 1975 insert—

"18C Land to be managed consistently with vegetation improvement plan

If land that constitutes the whole or any part of a State Wildlife Reserve under this Act is subject to a vegetation improvement plan within the meaning of the Native Vegetation Credit Market Act 2014, the person responsible for the management of that land under this Act must ensure that any works relating to the management, improvement and protection of native vegetation on the land are carried out in accordance with that vegetation improvement plan.".

139 Repeal of Division 2

See:Act No.8699.Reprint No. 9as at27 April 2012and amendingAct Nos65/2010, 46/2012, 82/2012, 4/2013, 11/2014 and 24/2014.LawToday:www.legislation.vic.gov.au




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This Division is repealed on 1 July 2016.Note

The repeal of this Division does not affect the continuing operation of the amendments made by it (see section 15 of the Interpretation of Legislation Act 1984).

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ENDNOTES

By Authority. Government Printer for the State of Victoria.

Endnotes



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