Private land
Local government initiatives to preserve native vegetation on private land
Why should councils be involved in preserving vegetation on private land?
Poor management of native vegetation costs local governments dearly in terms of damage to infrastructure. For instance, loss of vegetation resulting in rising water tables and salinity can result in damage to roads, houses, corroded water pipes, degraded parks and gardens and loss of sporting grounds. Wildlife can also assist with the sustainability of a region through pest control, such as reducing the threat of insect attack causing die back in eucalyptus forests.
Many councils are now playing an increasingly important role in sustainable vegetation management. Local government is the sphere of government that is closest to the community and are therefore often best placed to deliver on ground projects for the conservation of native vegetation.
Incentives demonstrate council's commitment to biodiversity conservation and acknowledge the efforts of private landholders. They can bring about positive attitude change and can increase awareness and knowledge of the environment within the community.
Councils can provide a range of financial incentives - such as rate rebates, grants or annual payments, non financial incentives - such as local awards, training and technical support, or planning and development incentives - such as tradeable or transferable development rights. The mechanisms for providing these incentives include management agreements, revolving funds, environmental levies and developer contributions.
A publication that councils may find useful when considering an incentive program is Incentives for Sustainable Land Management. Community Cost sharing to conserve biodiversity on private lands.
A guide for local government (PDF)
Rate rebates
Annual or once off rebates can be offered to land owners who voluntarily agree to protect areas of significance. The size of the rebate can be tied to a number of factors, either in isolation or combined, such as the size of the area to be protected, the condition of the area or the significance of the area.
Conservation covenants
A conservation covenant is a voluntary agreement between a landowner and an authorised body to help the landowner protect and manage the environment on their property. It is usually registered on the title of the land and can apply to all or part of a property. Although there are exceptions, it is usually permanent. The terms of the agreement are negotiated between the landowner and the covenant provider and may only be changed with the agreement of both parties.
Covenants can provide formal protection of natural areas. Systems vary around Australia. There are limited federal programs, some state government programs and sometimes local government programs. Covenants often provide expert advice and assistance in managing valuable native vegetation areas. Once a covenant applies, zoning is usually made consistent with the conditions of the covenant. Environment Australia has developed guidelines and procedures for the approval of covenanting programs. The guidelines describe the elements required to be met for programs to gain approval by the Minister for the Environment and Heritage. Approval procedures are also documented.
Councils may like to provide incentives to encourage private land conservation and develop plans for managing council reserves and parklands. Conservation zoning can be used to protect and manage areas on private land to limit the threat of disturbance. Conservation covenants are registered on the title of the land and control landuse. Special control areas can define an area of land where a specific planning issue needs to be addressed. They are usually used in combination with covenants or conservation zoning.
Under federal legislation, landholders who enter into conservation covenants are eligible to receive tax deductions. There are two types of deductions. Firstly, an income tax deduction is available for any decrease in land value as a result of entering into a conservation covenant (provided the landowner receives no payment for entering into it). Secondly, if a conservation covenant is in place, capital gains tax provisions apply as if it were a sale or gift of the land.
Voluntary conservation agreements
These are similar to conservation covenants but have the added benefit of providing assistance with managing the significant area. They are legally binding agreements between the landholder and the council to protect significant areas on private property. The landholder protects the area subject to council providing some assistance and incentives to help, such as rate relief or technical help. Under these Agreements, some activities are not allowed, but fencing and management is provided. The disadvantage of this system is that they only last while the current owner remains and both parties agree to continue with the Agreement.
Special rural zones
These are used to control the amount of subdivision in rural areas and are effective in areas that contain large amounts of native vegetation and wetlands. These zones generally have planning provisions that prevent clearing of natural areas, other than for basic infrastructure.
Special rural zones areas can become degraded over time and so other measures are often used in conjunction with them. It may be applicable to increase the minimum lot size, or to zone for public open space. These areas could then be used for walking tracks.
Conservation zone
Conservation zones prohibit the clearing and disturbance of private land. These zones can be used to allow a development to go ahead, on the proviso that conservation zones are protected. Landholders are generally required to develop a plan of management for these areas.
Alternatively, these zonings may be made retrospectively, for instance, in conjunction with conservation covenants or with special planning provisions when developing a subdivision. Land use constraints are agreed to between the landholder and the council, with a financial trade-off provided by council. Council or state agencies may assist with technical support in developing a plan of management.
Refusal
Councils can refuse applications that involve disturbing areas of environmental significance, but there must be a policy basis for doing so. For this reason, having in place a biodiversity strategy is very important. The strategy would outline alternatives to the landholder, such as incentives and tradeoffs.
