A little about environmental offsets

Environmental offsets are measures taken to compensate for unavoidable negative environmental actions.

Offsets are intended to ensure that there is no net loss of biodiversity or environmental sustainability for a region. (In fact, some notable offsets have delivered net gains of biodiversity)

The Australian Government applies environment offsets under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 to protect matters of national environmental significance where these are affected by a development or activity.

The native vegetation removal regulations of the Victorian Government require an offset to compensate for biodiversity loss.

The Baw Baw Shire Council provides a native vegetation offset scheme that compensates for the approved loss of native vegetation. The offset must be permanent and ongoing, and linked to an approved clearing site.

Environmental offset schemes are not straightforward. Different jurisdictions have different requirements and most offset policies are open to interpretation: ‘a permit is usually required’; ‘provisions that apply or can apply’; and ‘the removal of native vegetation is restricted to only what is reasonably necessary’. Such phrases can be construed differently by different bodies such as landholders, developers, conservationists, offset brokers (yes, there is such an industry), catchment management authourities, planners and the general, unaware public.

Offset policies are obviously closely connected to planning schemes and planners must ensure that where necessary, proper offsetting is carried out by the applicant if a permit for the unavoidable removal of native vegetation has been issued. Again, the use of the term ‘unavoidable’ becomes an arguable issue. One imagines for example, that the recent removal of trees in McGlone Rd Drouin was avoidable, surely?

To further indicate some of the complications involved in these offset schemes, here is an incomplete list of guideline topics contained within the DELWPs offset policies on behalf of the Victorian Government: Guidelines for the removal, destruction or lopping of native vegetation; Assessors advice on applications for the removal, destruction or lopping of native vegetation; Exemptions for requiring a permit for the removal, destruction or lopping of native vegetation; A guide for planning for biodiversity; Native vegetation removal regulations and compliance; Native vegetation credit register; How to calculate native vegetation gains; Management standards, quality assessment, monitoring and evaluating offsets, etc.

Remember, these are just the guidelines! Heaven knows how involved the actual regulations must be. Any wonder a successful developer team includes a lawyer.

A slightly deeper delving into DELWP’s designations (I do enjoy an occasional alliteration), and some significant relevance to our situation in Drouin is very apparent:

“The presence or absence of large trees is used to determine the assessment pathway of an application to remove native vegetation (section 6). Large trees are often the oldest part of an ecological system and are difficult to replace in the short term. To address this and to ensure the protection of large trees in the landscape, when large trees are approved to be removed, the secured offset must include large trees (see section 5).”

 Further:

“In some areas, native vegetation plays an important landscape function and contributes to the character of a place. Planning schemes can identify native vegetation that is contributing to landscape values. In these cases, the landscape values are considered when an application to remove native vegetation is assessed.”

The opening paragraphs of the Baw Baw Shire’s Environmental Sustainability Policy include:

“Baw Baw Shire is well known for its green panoramic vistas that are made up of rich productive rural landscapes, forests, rivers, mountains and unique biodiversity. The quality and beauty of our landscapes are fundamental to our community’s quality of life, businesses income, the food we eat and recreation we enjoy. Vision statement: to be one of the most environmentally sustainable Shire’s in Victoria.”

Now, wouldn’t that be an acclaim to be proud of?