Native Vegetation Third Party
& Credit SEB Kit Information on the Native Vegetation Third Party and Credit SEB Market | September 2017
In South Australia, there are instances where native
vegetation clearance is required to produce a
Significant Environmental Benefit (SEB) offset, an area
of land managed for conservation. This will result in
an environmental gain over and above the damage
being done through the clearance activity.
Third Party Providers can establish and deliver an SEB
on behalf of a proponent to meet a condition of their
clearance, or to establish and deliver an SEB on behalf
of anyone else.
Third Party Providers provide the Native Vegetation
Council (NVC) greater certainty that the SEB areas will
be delivered by experienced and capable land
managers.
The Native Vegetation (Credit for Environmental
Benefit) Regulations 2015 provide the mechanisms for
Third Party and Credit SEBs to occur.
Purpose of this Kit
Organisations or individuals with the right skills and
experience are encouraged to submit an application
to the NVC to become accredited as a Third Party
Provider.
For potential Third Party Providers, this Kit contains:
information about becoming Accredited
Application for Accreditation as a Third Party
Provider and to Establish a Third Party SEB
Area
As part of the rollout of SEB Credit and Third Party SEB
Areas, landowners are encouraged to submit
information on potential SEB Areas that can be
entered on the Native Vegetation Credit Register.
The SEB Credit (and the ongoing management of the
SEB Area) will exist on the Credit Register for clearance
proponents to consider purchasing.
For landholders with potential Credit SEB Areas, this
Kit contains:
information on how to establish a Credit SEB
Area
Template to register a potential SEB Credit or
Third Party SEB Area
Achieving an SEB
There are several options by which a clearance
proponent can achieve an SEB requirement (see figure
1):
1) Establish a new SEB Area on land they own or
on land under their care and control;
2) Apply to use SEB Credit that they have
previously established;
3) Apply to have SEB Credit assigned from
another person or body;
4) Engage an Accredited Third Party Provider to
find and deliver an SEB on their behalf; or
5) Pay into the Native Vegetation Fund, only
where the achievement of an on-ground SEB
is not possible.
This Kit provides information relating to options 2, 3
and 4 which allow Third Party Providers and
landowners with SEB Credit to work directly with
individuals, companies and other agencies that need
to offset their approved clearance activities. Refer to
Figure 1 at the end of this Kit which explains these
options in more detail.
Role and responsibilities of an Accredited Third
Party Provider
The role of an Accredited Third Party Provider is to
commit to the long-term responsibility of establishing,
delivering and managing SEB Areas.
Third Party Providers:
will have access to existing SEB sites or be
able to acquire a site on behalf of another
person
will be responsible for the ongoing
management of an SEB Area. The Accredited
Third Party Provider is required to enter into a
Management Agreement with the Minister for
Sustainability, Environment and Conservation
as part of the approval process of an SEB Area
can play a facilitative role (Broker), acting on
behalf of a landholder or developing contracts
and agreements with third parties, rather than
actively managing an SEB site
To understand the full responsibilities of delivering an
SEB, see the following resources developed by the
NVC:
Policy for a Significant Environmental Benefit
Guide for Calculating a Significant
Environmental Benefit
Bushland Assessment Method
Rangeland Assessment Method
NVC Accredited Consultants
How do I become an Accredited Third Party
Provider?
To become accredited, you must fill in the Application
Form and submit it with the prescribed fee.
To be eligible, you must be able to demonstrate your
experience in native vegetation management or
biodiversity conservation projects. You will also need
to include the status of any existing and potential SEB
areas that might be available for you to manage.
The NVC will assess your application and may impose
conditions on your accreditation.
Once accredited, you will be placed on the Native
Vegetation Credit Register, along with details of any
existing or potential SEB sites on the DEWNR website
for clearance proponents to contact you directly.
The NVC, at any time, can deregister an Accredited
Third Party Provider if it becomes clear that Third Party
obligations are not being met.
How do I achieve an SEB Area as a Third Party
Provider?
If a clearance proponent chooses to have their SEB
offset delivered by an Accredited Third Party Provider,
the Third Party Provider must make an application to
the NVC to establish a Third Party SEB Area.
In selecting an SEB Area to offset a clearance activity,
it must meet several requirements. For example, the
vegetation to be protected and managed must be of
the same vegetation type as that being cleared. This
is detailed in the SEB Policy.
The NVC will also require an Accredited Consultant to
carry out a vegetation assessment of the SEB Area.
The Accredited Consultant must do this in accordance
with the NVC’s vegetation assessment methodology
and SEB Guide. The Accredited Consultant must be
engaged independently of the Accredited Third Party
Provider for any vegetation assessment of the SEB
Area.
The SEB Management Plan (prepared by the
Accredited Consultant or Third Party Provider) will be
submitted by the Accredited Third Party Provider with
the Application Form to Establish a Third Party SEB
Area to the NVC for a decision.
The SEB will be secured by the Accredited Third Party
Provider entering into a Management Agreement with
the Minister, and the SEB will be registered on the
Property Title.
For information on roles and responsibilities of NVC
Accredited Consultants, Accredited Third Party
Providers and Brokers, see Figure 3, at the end of this
Kit.
How do I establish SEB Credit?
SEB Credit can be achieved in two ways by:
establishing an SEB Area that is either greater
than required as a condition of clearance
consent, or
establishing an SEB Area for the purpose of
managing and protecting it into the future.
As a landowner, if you have a potential SEB Area, you
have two options to establish it as a Credit SEB Area:
Fill in the Template to register the area as a
potential SEB Credit Area. Upon review by the
NVC, this information can be placed on the
Native Vegetation Credit Register as a
potential SEB Credit Area; or
You can engage an NVC Accredited
Consultant to undertake a vegetation
assessment of your potential SEB Credit Area
and have it approved by the NVC as actual
SEB Credit.
Refer to Figure 2 for a more detailed look at the
process to register a Credit SEB Area. The vegetation
assessment and SEB Management Plan is required to
be undertaken to formally establish and assign SEB
Credit to another person or body. If the assessment is
undertaken initially, the Native Vegetation Credit
Register will contain more detailed information gained
from that assessment, providing a proponent looking
for an SEB, with more security over the actual amount
of SEB Credit points available from the Area.
Credit Register
Details of Third Party Providers are placed on a
publicly available list – the Native Vegetation Credit
Register which will be found on the DEWNR website.
The Credit Register will include information on the
Third Party Provider including:
contact details;
date of accreditation;
Natural Resources Management (NRM)
region;
potential SEB Areas; and
established SEB Areas (with a link to the NVC
approved SEB Management Plan)
The Credit Register will also contain information of
landowners with potential and established SEB Credit
Areas for proponents to contact them directly.
When a clearance proponent, or other person or body
wishes to purchase SEB Credit on the Credit Register,
the Credit Holder must submit (or authorize) an
Application to Establish and Assign SEB Credit to the
NVC for approval.
As part of the approval process, the NVC will require
the SEB to be secured by entering into a Management
Agreement over the SEB Area. This Agreement will be
entered into by the Landowner (if they intend on
actively managing the SEB Area into the future) or the
Accredited Third Party Provider with the Minister for
Sustainability, Environment and Conservation.
The Landowner (credit holder) or Accredited Third
Party Provider retains all responsibility and liability for
managing and protecting the SEB Area as required (in
accordance with the SEB Management Plan and
Management Agreement).
Credit and Third Party Provider Brokerage
Some landowners may not want to be directly
involved in the transaction or negotiation with
clearance proponents. These landowners can use a
broker.
The Credit Register will identify Accredited Third Party
Providers who are prepared to act in a brokerage role.
They can assist landholders to arrange assessment of
the vegetation, establish SEB Credit, develop the SEB
Management Plan, and develop contractual
agreements with a clearance proponent.
Any agreement between the landowner (Credit
Holder) and the Accredited Third Party Provider are to
be determined by those involved, and when required,
provided to the NVC as proof of a transaction.
Stages of implementation
Implementation of the Native Vegetation Third Party
and Credit SEB Market in South Australia will be
undertaken by:
the Accreditation of Third Party Providers and
registration of potential Third Party SEB Areas
registration of potential SEB Credit Areas
implementation of the Native Vegetation
Credit Register on the DEWNR website
The Credit Register will be made public during late
2017 based on information submitted from Third
Party Provider applications and potential SEB Credit
Area information.
How to become an Accredited Third Party Provider
Send your completed Application Form for
Accreditation as a Third Party Provider or Template to
Register a Potential SEB Credit or Third Party SEB
Area (found at the end of this Kit) to:
Native Vegetation Branch
Department of Environment, Water and Natural
Resources
GPO Box 1047
Adelaide SA 5001
Email: [email protected]
For more information from the Native Vegetation
Branch you can contact Fiona Galbraith, Coordinator
Governance and Policy on 8207 7739 or Adam Schutz,
Coordinator Assessments and Stakeholder Liaison on
8207 7713.
For more information Native Vegetation Branch
Department of Environment,
Water and Natural Resources
T (08) 8303 9777
www.environment.sa.gov.au/nativevegetation
Ask the NVC: Third Party & Credit SEB MarketQ: If I am an NVC Accredited Consultant, can I find
potential SEB Credit Areas, and assess them?
A: Anyone can find potential SEB Areas, and with the
agreement of the landowner, register the area as a
potential SEB Credit Area.
If you intend on managing an SEB Area, you will need
to be accredited as a Third Party Provider. Becoming
an Accredited Third Party Provider allows you also to
register in becoming a Broker. Your details as a
broker will then be placed on the Native Vegetation
Credit Register.
As a Broker, if you are also an NVC Accredited
Consultant, you can undertake the vegetation
assessment and develop the associated SEB
Management Plan for the SEB Area, but you cannot
manage the SEB Area into the future.
Q: I am an Accredited Consultant, can I undertake
a vegetation assessment over an area of land that I
will be managing into the future as a Third Party
Provider?
A: No, the NVC’s SEB Policy does not permit an
Accredited Third Party Provider to undertake a
vegetation assessment of an SEB Area they intend on
managing into the future. The vegetation assessment
must be undertaken by an NVC Accredited Consultant
independent of the Third Party Provider.
When the SEB Area is subject to its 5 and 10-yearly
vegetation assessment for reporting to the NVC, an
independent Accredited Consultant is required to
undertake these assessments.
Q: What’s the difference between an Accredited
Third Party Provider and an Accredited
Consultant?
A: An Accredited Third Party Provider is an individual
or organisation capable of establishing and managing
an SEB Area on behalf of a clearance proponent.
An Accredited Consultant is a consultant who has
undertaken the necessary training run by the Native
Vegetation Branch in order to undertake native
vegetation clearance and SEB assessments under the
NVC’s policies, guides and manuals.
You can be both, but need to be aware of the
restrictions in relation to undertaking vegetation
assessments.
Q: Can NRM regions be Accredited Third Party
Providers?
A: NRM regions, local councils, or any organization or
individual can become an Accredited Third Party
Provider as long as you can meet the eligibility criteria
in the Application Form to become an Accredited Third
Party Provider.
Q: As a landowner, with native vegetation that I
would like to protect, how can I turn it into an SEB
Credit Area?
A: Landowners will be able to register potential SEB
Credit Areas to appear on the Native Vegetation
Credit Register. You will need to fill out the Template
to register potential Credit or Third Party SEB Areas and
send it in to the NVC.
Your local regional NRM office, a third party, broker or
anyone with the necessary skills and experience can
help you in providing the required information.
Q: How do I tell if an area of land is worth
protecting as an SEB Area?
A: Areas of land that have a high likelihood to
improve in condition will be the most valuable SEB
Areas. The Template to register a potential SEB Credit
or Third Party SEB Area contains the criteria that the
NVC will review to determine whether the potential
SEB Area is appropriate for the Credit Register. All SEB
Areas must be developed in accordance with the SEB
Policy and SEB Guide.
Q: What will the Credit Register look like and
when will the Credit Register be available?
A: The Credit Register will contain contact details of
Third Party Providers, Brokers, and associated
locations and potential SEB Areas. It will also contain
detailed information on established SEB Credit Areas,
which will include SEB points available and links to any
SEB Management Plan developed.
Each time SEB Credit is purchased, the Credit Register
will be updated by reducing the SEB points available
for a particular SEB Credit Area.
The Credit Register will also be updated with SEB
Management Plans as they become endorsed by the
NVC for SEB Credit Areas.
It is the responsibility of the clearance proponent to
determine if the SEB Credit Area is suitable to offset
their clearance in relation to the requirements of the
NVC’s SEB Policy. The Credit Register will be available
on the Native Vegetation Website in late 2017.
Q: What does a Management Agreement involve?
A: A Management Agreement is an agreement
between the landowner or Third Party responsible for
the management of the SEB Area and the Minister.
The Management Agreement stipulates the required
management of the SEB Area, and the ongoing
monitoring requirements that protect the Area into
the future.
The NVC requires a Management Agreement in order
to secure a Third Party or Credit SEB Area.
Q: As a Third Party Provider, if I am not the owner
of the land, can I establish an SEB Area on it?
A: Yes you can – the Third Party Provider needs to
establish a contractual agreement with the landowner
if an SEB is being established on someone else’s land.
All responsibilities are of the Third Party Provider to
deliver the SEB. Once approved, the SEB will be
registered on the property title.
Q: Does the NVC approve financial transfers
between Accredited Third Party Providers and
landowners where a Credit SEB Area is to be
established?
A: No, the NVC will approve the SEB Management
Plan; and the Management Agreement secures the
SEB. The Third Party Provider is responsible for SEB
management, monitoring and compliance on an
ongoing basis. A broker can assist in developing
agreements between a landowner and a Third Party
Provider.
The NVC will however, require proof that a contractual
arrangement has been entered into, at the time of
approving the SEB.
Q: What guidance exists in relation to cost
associated with buying a credit site, or paying a
Third Party Provider?
A: Payment to a Third Party should reflect the actual
cost of undertaking the management of the SEB Area
and may differ from the other options available to
deliver an SEB, such as paying into the Native
Vegetation Fund or delivering the SEB yourself.
As part of the SEB Management Planning process, an
NVC Accredited Consultant should be able to provide
you with a recommendation on the most suitable
option for you and associated costings. For more
information on land management costs you can view
the NRM Price Guide or you can seek advice from
your local NRM regional office.
Q: I have existing SEB Credit, can I sell it?
A: The Credit Register will contain information from
SEB Areas assessed under the NVC’s Guide for
Calculating a Significant Environmental Benefit 2017
and the associated Bushland or Rangeland
Assessment Method 2017.
If the SEB Credit has been recognized under the
previous native vegetation system (pre-July 2017), due
to the change in NVC SEB policy, SEB calculations and
vegetation assessment methods, the NVC will require
a new assessment of the SEB Credit Area to be
undertaken by an NVC Accredited Consultant (subject
to evidence of the successful implementation of the
SEB Management Plan).
Q: How long will my SEB Credit Area sit on the
Credit Register for?
A: The NVC cannot guarantee that SEB Credit will be
purchased from the Credit Register. It is dependent
on demand for SEB Areas and also how closely the
specific impacts of the clearance resemble the values
that are being replaced in the SEB Area.
Q: Where will there likely be demand for SEB
Areas in the future?
A: Demand for SEB Areas depends on the amount
and location of native vegetation clearance that
requires offsetting. Some useful resources are Nature
Maps which contains approved clearance layers; the
NVC Annual Report which contains historical clearance
data; as well as government and non-government
agencies that undertake regular clearance activities.
Figure 1. Options to achieve a Significant Environmental Benefit (SEB).
Figure 2: Establishing an SEB Credit Area or a Third Party SEB.
Figure 3. Roles and Responsibilities of NVC Accredited Consultants, Third Party Providers and Brokers.
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