Regulatory priorities 2020 - 2021 JULY 2020 - Department of Environment, Land ...
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Regulatory priorities 2020 – 2021 Contents Aboriginal acknowledgment We acknowledge and respect Victorian Foreword: Rising to the challenge 3 Traditional Owners as the original custodians to deliver better regulation of Victoria’s land and waters, their unique Conservation Regulator 4 ability to care for Country and deep spiritual connection to it. We honour Elders past and present Victoria’s natural assets 5 whose knowledge and wisdom has ensured the Our regulatory approach 8 continuation of culture and traditional practices. We are committed to genuinely partner, and meaningfully State-wide priority regulatory risks 9 engage, with Victoria’s Traditional Owners and Aboriginal State-wide regulatory priorities 14 communities to support the protection of Country, the maintenance of spiritual and cultural practices and their Regional regulatory priorities 16 broader aspirations in the 21st century and beyond. Report produced by the Conservation Regulator The State of Victoria Department of © Accessibility Environment, Land, Water and Planning PO Box 500, East Melbourne, Victoria 8002 Telephone 136 186 conservationregulator.vic.gov.au 2020 If you would like to receive this publication in This work is licensed under a Creative Commons an alternative format, please telephone the Version 1.0 Attribution 4.0 International licence. You are free to DELWP Customer Contact Centre on 136 186, Photos provided by Lachlan Clarke, Mike Sverns, re-use the work under that licence, on the condition Nathan Stamkos, Nigisti Noorbergen, Monique Cugliari, that you credit the State of Victoria as author. The email customer.service@delwp.vic.gov.au, Ash Burns, Julian Horwill, Ian Westhorpe licence does not apply to any images, photographs or via the National Relay Service on 133 677 or branding, including the Victorian Coat of Arms, Disclaimer www.relayservice.com.au. This document the Victorian Government logo and the Department This publication may be of assistance to you but the of Environment, Land, Water and Planning is also available on the internet at State of Victoria and its employees do not guarantee (DELWP) logo. To view a copy of this licence, visit www.delwp.vic.gov.au that the publication is without flaw of any kind or is creativecommons.org/licenses/by/4.0/ wholly appropriate for your particular purposes and ISSN 2652-6891 - Online (PDF/Word) format therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication. Conservation Regulator Regulatory priorities 2020 – 2021 2
Rising to the challenge to deliver better regulation FOREWORD As the Conservation Regulator enters its second year of operation, the events of the last year have shown us that it is more important than ever we protect our state’s natural environment so we can enjoy it today and protect it for future generations. Kate Gavens The loss of 1.5 million hectares to bushfire during These events also required us to be flexible as new Chief Conservation Regulator 2019-20 devastated communities and impacted the and varied risks to our natural environment occurred. biodiversity of our state. I’m incredibly proud of the hard work everyone at The coronavirus (COVID-19) pandemic has the Conservation Regulator has put in during these reaffirmed Victorians’ love for and appreciation challenging times, especially those in the field who Targeting our work to our regulatory priorities of the natural environment. Victorians returned in have worked tirelessly to support the state response allows us to focus our efforts to where they will be high numbers to beaches, waterways, recreation to these significant events. most effective at protecting and conserving our sites, forests and public lands as initial public health natural environment. These current circumstances will impact the nature restrictions were eased in 2019-20. In its second year of operation the Conservation of our work in the 2020-21 financial year. Travel The bushfires and pandemic required us to be flexible restrictions mean Victorians are likely to spend more Regulator continues to focus on internal reform to and adjust how we approached our regulatory time travelling in regional Victoria visiting our forests, become a trusted, effective, best practice regulator. priorities during 2019-20. Conservation Regulator parks and public lands. More people increases the Key initiatives include reviewing our internal staff supported both the bushfire emergency potential for non-compliance with laws relating to the governance frameworks, implementing a monitoring response and the recovery effort. Our staff have also use of forests and we will be focusing on supporting and reporting framework, and developing our played a key role in the government’s response to the forest users to understand and comply with the law. intelligence capabilities. pandemic by regulating the access and use of state Enforcing the law is one of many tools at our Our annual review of our compliance risks has forests in support of the public health measures disposal and our regulatory approach, described reinforced the issues that continue to impact on and by providing authorised officers to the effort on later in this document, outlines how we will use our natural environment, such as climate change, secondment. We expect we will continue to support all the tools at our disposal in a risk-based and declining ecosystem resilience and challenges of a the pandemic response effort in 2020-21 and will intelligence led way. The regulatory approach also growing population. balance this contribution in a way that ensure we can outlines how we collaborate and engage with the continue to undertake our core regulatory functions. The Regulatory Priorities for 2020-21 outlined in this community to ensure your feedback and insights document identifies our state-wide priorities and are used to help us be an effective, trusted and best the unique challenges and compliance risks facing practice regulator. our regions. Conservation Regulator Regulatory priorities 2020 – 2021 3
The Conservation Regulator The Conservation Regulator was established by the Department of Environment, How we work Land, Water and Planning to be accountable for timber harvesting, biodiversity, The Conservation Regulator is committed to fire prevention and land‑use regulation. working collaboratively and transparently with the community and stakeholders to improve conservation regulation in Victoria. The Conservation Regulator’s regulatory Vision Regulatory outcomes functions include: • Setting priorities for regulatory activities Our vision is to create and maintain liveable, DELWP regulates to achieve three outcomes: • Informing and educating about the law inclusive, sustainable communities and • Equitable and safe access to public land and use of natural resources • Providing clear standards and guidance thriving natural environments. • Protected natural and heritage values • Monitoring compliance and enforcing the law • Sustainable communities – Regulatory mission social, economic and environmental Our regulatory mission is to be an effective, trusted, best practice regulator. Conservation Regulator Regulatory priorities 2020 – 2021 4
Victoria’s natural assets Biodiversity Adding to the stress, the 2019-20 bushfire season Victoria’s public lands contribute to added to the ecological stress by burning through our health and wellbeing by providing Public spaces provide a home to native flora and approximately 1.5 million hectares of Victorian land. opportunities for recreation, supporting fauna species thereby helping to maintain genetic The bushfires have impacted threatened species diversity. They also support flood and stormwater and their unique habitats, including approximately social cohesion and enabling protection, atmospheric carbon regulation and 70% of the remaining Warm Temperate Rainforest Indigenous cultural connections. storage, coastal protection, water purification and in Victoria. Over 170 of Victoria’s rare or threatened pollination. plant and animal species have had over 50% of their known habitat burnt. Nearly 40% of Victoria is public land, including The 2018 State of the Environment Report outlined national and state parks, state forests, coastal that our forests, land and waterways are under DELWP is coordinating and delivering actions to and riparian reserves, marine sanctuaries and stress and there is considerable uncertainty about its support Victoria’s plants and animals following the community and recreational reserves. current and future condition. fires through its Bushfire Biodiversity Response and Recovery program. The Conservation Regulator plays a key role in maintaining the standards Victorians expect for a The Conservation Regulator’s role in educating the healthy, resilient and biodiverse environment. community and supporting compliance is crucial to protecting plants and habitats from further damage that could hinder their recovery. Conservation Regulator Regulatory priorities 2020 – 2021 5
Tourism and the economy Tourism is an important source of income for many communities and our natural assets contribute to Prior to the pandemic and 2019-20 bushfire season, the overall attractiveness of Victoria and provide the tourism represented 8.5% of the regional economy opportunity for recreational activities. Protecting and contributed nearly $25 billion annually to Victoria’s natural assets and capital is critical to the Victoria’s economy, generating approximately tourism industry. 215,000 jobs. We expect to see nature-based tourism contributing The tourism industry has been hit particularly hard to a high proportion of tourism activities due to the due to the double impact of a severe bushfire season impact of state and international travel restrictions, and coronavirus movement restrictions. as well as the affordability of options. Conservation Regulator Regulatory priorities 2020 – 2021 6
Our natural assets continue to be vulnerable to two major threats Population growth Climate change are now being affected by bushfire increasing the area at heightened risk of fire. The increased drying At the end for 2019, Victoria had a population of The Bureau of Meteorology reported below average means that forests are burning more completely, 6.6 million and was the fastest growing of Australia’s rainfalls across Victoria in 2018 continued into 2019. meaning recovery of burnt areas can take much states and territories, according to the Australian Nationally, Australia experienced its second driest longer to regenerate. Bureau of Statistic (ABS). year on record since 1902. Despite the overall hotter and drier climate, the Historically, ABS figures show that net migration The extended months of below average rainfall, rainfall we do receive will occur more frequently in has been a key driver for the state’s growth. particularly over eastern Victoria, and above average heavier downpours and storm events. This means we However, in addition to border closures and reduced temperatures contributed to a bushfire season of will see more severe flooding events and erosion. international travel, the dual economic shocks of exceptional size and impact. the recent bushfires and the pandemic may cause a This is particularly damaging to areas already burnt The outlook for the first quarter of 2020-21 indicates temporary slowdown in population growth. by bushfire which are vulnerable to the loss of topsoil we may experience above average rainfall over most that is important to regenerating plants and the In the medium to longer term the population is still of Victoria. However, in the medium and longer-term wildlife that depend upon them. expected to continue to grow and in the short term we can expect the trend towards lower rainfall, higher changes to public health measures during 2019-20 temperatures and more frequent extreme weather Our regulatory role in the prevention of human- led to higher than usual numbers of people using our events. caused bushfire, and more broadly, is an important public lands, and we expect that trend to continue way we protect our natural assets which are facing Lower overall rainfall over the longer-term levels into 2020-21 due to travel restrictions and broader increasing pressures from climate change and more increases the underlying dryness of our forests. Areas implications of the pandemic. direct human activity. of forest previously considered a lower risk of burning More people means greater pressure on our natural resources, greater demand for equitable and safe access to public land for recreation, pressure for development and more competition for land use, and more human and wildlife interactions that need to be managed. Within this changing context, the community continues to highly value and expect protection of our shared natural assets. We work in collaboration with a range of stakeholders including community members, Traditional Owners and our DELWP colleagues to help us prioritise and tackle regulatory risks, particularly with the higher levels of visitation we expect during 2020-21. Conservation Regulator Regulatory priorities 2020 – 2021 7
Our regulatory approach DELWP’s Regulatory Framework L A B O R AT Statements of regulatory intent OL E describes how we deliver our regulatory C ne desi Defi com red Statements of regulatory intent provide a detailed out es functions in collaboration with the s explanation of how the Conservation Regulator uses our im sess e m Id d pr its powers to prevent and respond to breaches of the and as utco community and co-regulators. an en ioritise ct tify pa law in specific areas. Measure o risks Effective, trusted, best practice Regulating timber harvesting in state forests regulator The regulatory framework under the Allocation Order s ry o n a to Im e p g le m u This Statement outlines the role of the Conservation r l er ula e n t eg i in n r nt t ve to r Regulator in regulating timber harvesting in state Collaborate and engage nt y D e s i g e r ve io n int s forests under the Allocation Order and describes We develop and maintain productive and effective AN E D ENGAG what the community and industry can expect from relationships with communities, Traditional Owners, us as a regulator. Specifically, it describes how the co-regulators, regulated parties and peak bodies. Conservation Regulator intends to use the regulatory tools that are available to it under the law. Conduct risk-based and intelligence-led Compliance and enforcement policy regulation Future statements of regulatory intent Good intelligence requires strong relationships and The Compliance and Enforcement Policy sets out: The Conservation Regulator is developing and networks to identify emerging risks. • how we encourage voluntary compliance with the law publishing further statements of regulatory intent for • the range of compliance and enforcement tools future key regulatory responsibilities, including for: Address priority risks available, depending on the culpability and harm • Biodiversity – wildlife By being clear about what we are trying to achieve, to the environment • Preventing illegal recreational use of public land applying a consistent risk approach, and designing, • how we will apply the law and exercise judgement implementing and reviewing the effectiveness of our in carrying out our compliance and enforcement regulatory interventions. activities The Conservation Regulator’s Regulatory Priorities Our Regulatory Priorities reflects a balance between 2020-21 draws on the principles in the Regulatory encouraging voluntary compliance (setting standards, Framework to define the risks and regulatory informing and educating, supporting compliance) priorities for this year. with effective regulatory risk management (issuing permits, licenses and authorisations, monitoring compliance, enforcing the law). Conservation Regulator Regulatory priorities 2020 – 2021 8
State-wide priority regulatory risks This plan outlines our approach for managing priority regulatory risks during 2020-21. Assessing risk This plan provides the regulatory priorities across Victoria, with each region having its State-wide and regional regulatory risks are own priorities to allow for a nuanced response based on regional issues and needs. identified as events or activities that could prevent DELWP from achieving its outcomes: We will enforce compliance across all our regulatory responsibilities but will prioritise • Reduce the impact of major bushfires and our effort for these state-wide regulatory priorities. other emergencies on people, property and the environment • Promote a healthy, resilient and biodiverse environment Regulatory risks • Enable productive and effective land management Regulatory risks are events or activities that could Risk prioritisation is based on the likelihood of the risk harm our: event occurring and the consequences or impacts on • natural and heritage values the state and region if the risk does occur. • equitable and safe access to public land and use of Risks are assessed using intelligence from the natural resources Conservation Regulator, DELWP and co-regulators. • sustainable communities – social, economic and This is considered in the context of the frequency, environmental timing and potential harm associated with these events. How risks are changing Regulatory risks usually evolve over time but can change quickly when there is a change in the environment or new information comes to light that allows us to see a risk in a new way. Conservation Regulator Regulatory priorities 2020 – 2021 9
Top risks for 2020-21 Our review of our regulatory risks has reinforced the regulatory priorities we identified for 2019-20, with the elevation of a new priority focus on regulating human interactions with wildlife. The review found that while the types of underlying risk had not changed, they had intensified due to the events of 2019-20 and were expected to continue into the foreseeable future. Environmental change continues to be a significant threat, with more frequent heat waves, droughts and bushfires continuing to put pressure on our flora and fauna, putting many species at a greater risk of extinction. The size and impact of the 2019-20 bushfire season has increased the stress our natural environment is under and the pandemic has also meant that more Victorians are spending time locally and enjoying the recreation benefits of our public lands. The Department of Treasury and Finance’s Coronavirus Economic Outlook indicates the pandemic will increase unemployment and reduce economic ILLEGAL growth. This can cause an increase in the illegal take of firewood due to costs of living. CAMPFIRES Last year low rainfall over several campfires and the likelihood that there In response, the Conservation Regulator will continue its focus on: years and high temperatures led to will be incidences of non-compliance. • Illegal campfires the 2019-20 bushfire season that was In addition, due to the economic • Illegal take of firewood exceptional in size and scale. The trend impact of the pandemic we expect to towards warmer, dryer weather and see even more Victorians holidaying • Illegal vehicle use on public land with parts of Victoria still experiencing locally and spending time on public • Regulating native timber harvesting drought-like conditions, fire prevention land. In addition, we have elevated our focus on: remains a priority risk for the The devastating impacts on • Regulating the use, keeping, trade, treatment and control of wildlife Conservation Regulator. communities and natural assets Dryer and warmer conditions lead to from bushfires, and the increasing an increase in underlying dryness that likelihood of high-risk factors, allows fires to spread more quickly and means the Conservation Regulator more completely. continues to prioritise reducing risks from unauthorised and poorly The growing population means that managed campfires. more people are using public land, and this increases the frequency of Conservation Regulator Regulatory priorities 2020 – 2021 10
ILLEGAL TAKE ILLEGAL VEHICLE USE OF FIREWOOD ON PUBLIC LAND Preventing the destruction of wildlife Illegal commercial operators are Population growth and cheaper The noise pollution also reduces the habitat caused by illegal firewood being targeted due to the extensive recreational vehicles are driving an enjoyment people get from visiting collection in Victoria’s forests, parks environmental harm they are doing increase in off-road activities on our forests. and reserves is even more critical in due to the volume of wood take and public land. Industry figures indicate The damage to access roads can 2020-21 due to the additional stress their practices, which also pose a that off-road motorcycles and all- mean that emergency service and placed on biodiversity from the 2019- threat to public safety due to the illegal terrain vehicles accounted for nearly maintenance vehicles are prevented 20 bushfire season. and unsafe felling of trees. 60% of motorcycle sales in Australia from using them and can require during 2019. This damage adds to an environment The Conservation Regulator is remediation work that would not already under pressure from reviewing its strategy to address the We are likely to see an increase in this otherwise be required. population growth and an increasing illegal take of firewood to ensure our activity in the short-term due to people For these reasons, it is illegal to ride number of individuals who seek to regulatory interventions are designed spending more time locally and on motorbikes and drive 4WD vehicles reduce their energy costs by accessing to address the changing nature of public land due to the pandemic. off-road in all Victorian state forests, forests for firewood for heating. the risk. Illegal vehicle use can damage the parks and reserves. Motorcyclists Intelligence suggests that the illegal The development of the strategy natural habitat of our animal and plant and drivers can be fined for driving take of firewood is occurring on a provides an opportunity to review how life and can lead to issues with erosion. off-road including driving or riding on significant scale across Victoria and firewood regulation currently occurs walking, cycling or informal tracks as It is also a significant risk to public during 2019-20 there was an increase and it identified new ways of improving well as roads not open to the public. safety and amenity of other users of in the amount of wood being taken in our regulatory impact, including a parks and forests. Particularly when it The same restrictions apply to commercial quantities. different mix of regulatory activities, occurs on existing walking paths and mountain bike use in all Victorian state improvements to our communications roads, leading to personal safety risks forests, parks and reserves except on and focussing our effort on those doing and the degradation of those paths designated mountain bike trails. the most harm to the environment. through erosion. Conservation Regulator Regulatory priorities 2020 – 2021 11
REGULATING NATIVE REGULATING THE USE, KEEPING, TRADE, TIMBER HARVESTING TREATMENT AND CONTROL OF WILDLIFE VicForests is the State-owned It is critical that timber harvesting The conservation and sustainability The Conservation Regulator is business responsible for the harvest, occurs in a way that recognises the of wildlife is under increasing pressure responsible for administering the commercial sale and re-growing of impacts of the 2019-20 bushfire season from threats such as loss and permissions schemes surrounding the timber from Victoria’s state forests and is adjusted in line with legal fragmentation of habitat, introduced use, keeping, treatment and control of on behalf of the Government. Timber requirements. pests such as foxes and cats, illegal wildlife in Victoria, including: harvesting in state forests is permitted take from the wild, wildlife trafficking, The Conservation Regulator will focus on • Private wildlife licences to enable by law, but this must be done in a way climate change and growing human geographic areas, habitats and species Victorians to keep wildlife at home in that is compliant with the law. populations coinciding with shrinking that have been most impacted by the certain circumstances The 2019-20 bushfires had a significant 2019-20 bushfires. This includes providing native habitats. • Commercial wildlife licences impact on the environment, with a regulatory guidance to VicForests to to allow people to conduct Wildlife is an important part of significant loss of habitat, flora and ensure it meets its obligations, assessing certain commercial activities our environment and essential to fauna which is discussed in detail in compliance and investigating non- the functioning and health of our involving wildlife the DELWP report Victorian Bushfire compliance as appropriate. ecosystems. The services they • Authorities to Control Wildlife, to Emergency: Biodiversity Response and In addition, we will work to ensure provide include clean air and water. ensure where wildlife and human Recovery and demonstrates that there VicForests’ timber harvesting operations It also supports a range of economic activity conflict, good management is significant scientific uncertainty occur within the boundaries permitted activities, including eco-tourism. balances wildlife welfare and about the exact nature of the bushfires by law in the Allocation Orders. Traditional Owners also have a protection with that of human safety, impacts and the ability of impacted species to recover. This work builds on the Conservation cultural, spiritual and economic property and livelihoods Regulator’s Timber Harvesting Statement connection to country, with wildlife • Import and export permits, to Timber harvesting has the potential to of Regulatory Intent and is part of our and its habitat often at the core of protect against illegal wildlife exacerbate the impacts of bushfires on commitment to strengthen the regulation that attachment. trafficking and preserve habitat, flora and fauna. of timber harvesting and prevent our biosecurity non‑compliant harvesting practices. Conservation Regulator Regulatory priorities 2020 – 2021 12
In 2020-21 the Conservation Regulator will The Conservation Regulator responds to a range continue reforming wildlife permissions, finalising of wildlife crime ranging from breaches of licences improvements to Authorities to Control Wildlife. to illegal destruction and illegal trafficking. Major The reforms aim to improve the experience of our cases in 2019-20 included allegations of poisonings of customers and include the publication of a new birds of prey by farmers and the deaths of koalas at application form, a guide on how to apply, and more Cape Bridgewater. information online to support the use of non-lethal In 2020-21 the Conservation Regulator will release control methods. its Statement of Regulatory Intent on the protection The Conservation Regulator is streamlining of wildlife to raise awareness of the regulations and our internal processes and investigating outline our approach to improving the protection, innovative solutions such as clarifying the use of conservation and interaction with Victoria’s wildlife. Aboriginal Cultural permits, or the relationship The Conservation Regulator will respond swiftly between Authorities to Control Wildlife with the and intently to serious and significant incidents of Kangaroo Harvesting Program. This will help us wildlife crime. manage conflicts between wildlife and human activity consistently. Conservation Regulator Regulatory priorities 2020 – 2021 13
State-wide regulatory priorities ILLEGAL UNAUTHORISED REGULATING THE USE, KEEPING, TRADE, ILLEGAL ILLEGAL TAKE VEHICLE USE COMMERCIAL TREATMENT AND CAMPFIRES OF FIREWOOD ON PUBLIC LAND TIMBER HARVESTING CONTROL OF WILDLIFE WHY Increasing visitor numbers Lack of awareness of regulations Increasing visitor numbers, Timber harvesting in state forests Lack of awareness of regulations NON‑COMPLIANCE especially during post-pandemic is a permitted activity under CAN HAPPEN Lack of awareness of regulations Economic gain by commercial Economic gain operators selling to unaware recovery the law Lack of awareness of how to Conflicts between wildlife suppress fires and prevent spread consumers Decreasing costs of off-road Inconsistent application and and human activities such as Energy prices and cost of wood vehicles and trail bikes interpretation of the law, agriculture and amenity Lack of awareness of how to including the application of the safely manage campfires, and from legal suppliers Lack of awareness of regulations Lack of awareness of the harm precautionary principle within how quickly and easily they can Diminishing resource due to Proximity to peri-urban and large the Code of Practice for Timber non-compliance can do to the become out of control climate change and overuse regional centres Production 2014 environment Limited perceived risk of detection Easier access to public land due to and consequences clearings made by fires WE AIM TO Raise awareness of the Raise awareness of the regulations, Raise awareness of the Ensure that timber allocated to Raise awareness of the regulations regulations, reduce the prevalence increase the likelihood of regulations, reduce the prevalence VicForests for harvesting in state and improve the protection, and risk of unauthorised campfires detection, and the consequences and risks associated with illegal forests is managed in line with conservation and interaction with of unauthorised collection vehicle use on public land the law and code of practice, to Victoria’s wildlife protect forests for current and future generations Conservation Regulator Regulatory priorities 2020 – 2021 14
ILLEGAL UNAUTHORISED REGULATING THE USE, KEEPING, TRADE, ILLEGAL ILLEGAL TAKE VEHICLE USE COMMERCIAL TREATMENT AND CAMPFIRES OF FIREWOOD ON PUBLIC LAND TIMBER HARVESTING CONTROL OF WILDLIFE HOW THIS Providing clear information about Development of the regulatory Clear signage and information Providing information to Publish information on how to WILL BE DONE campfire regulations and campfire strategy on the illegal take brochures at point of entry/use VicForests to comply with its apply for a licence, permit or safety on DELWP’s website, of firewood Providing clear information on the obligations under the law through authorisation on our website customer centres, during patrols Designating firewood collection DELWP website and through media clear statements of regulatory Deliver information and guidance to and through media campaigns seasons (Autumn and Spring) about designated areas and expectation and guidance support a common understanding Supporting the annual Don’t let Signage and pamphlets at regulations Ensuring that the standards of how to comply with the law your campfire become a bushfire designated collection areas Restricted zones and seasonal and guidance for complying Support licence and permit holders campaign reminding campers road closures with the law are clear and well in understanding their obligations across the state to be alert when it Restricting zones for access to communicated to VicForests firewood collection Community engagement to prevent non-compliance comes to campfire safety Delivering education campaigns Targeting the illegal removal of Management and maintenance Administering permissions under Intelligence analysis of reports of and engagement events to achieve the Wildlife Act 1975 unsafe behaviours and high-risk commercial quantities of firewood of vehicle tracks including fencing common understanding of the times and locations Providing clear information on the and barriers to reduce access regulatory framework Reforming wildlife permissions, DELWP website about designated Intelligence analysis and initially focusing on Authorities to Conducting surveillance and Conducting surveys and Control Wildlife patrols in high-use, high-risk areas and regulations increasing surveillance assessments under the Forest locations, during fire hazard days, Intelligence analysis of reports of Patrols including in high risk areas Protection Survey Program Monitor compliance with licence and targeting high-risk behaviours high-risk areas, behaviours, and and targeting high-risk behaviours Conducting forest and compliance and permit conditions Investigating reports of unsafe times/seasons to inform targeting Investigating reports of illegal and audits and inspections Investigate and respond to wildlife campfire activities of surveillance and patrols unsafe activities crime, prioritising serious and Investigating reports of non- significant incidents Where appropriate, initiate Increasing surveillance of high-risk Where appropriate, initiate compliance and threatened enforcement actions areas enforcement actions species Publish information about our Prioritising investigations on major operations and enforcement Publicise enforcement actions Publicise enforcement actions Initiating appropriate enforcement actions through a variety of alleged commercial offenders due action for non-compliance to increased environmental harm channels, such as our websites and Publicise enforcement actions Twitter Investigating reports of illegal activities Where appropriate, initiate enforcement actions Publicise enforcement actions WE WORK Parks Victoria Parks Victoria on park estate Parks Victoria Department of Jobs, Precincts Department of Jobs, Precincts and CLOSELY WITH and Regions Regions Forest, Fire Management Victoria DELWP Forest, Fire Operations Victoria Police Country Fire Authority Division DELWP’s Forest, Fire Operations DELWP’s Forest, Fire and Regions – Game Management Authority Division Policy and Planning Division Parks Victoria Victoria Police Agriculture Victoria PRIORITY We will enforce compliance at any We will enforce compliance at any We will enforce compliance at any This is an ongoing priority through Publish a Statement of Regulatory time but this is a priority between time but this is a particular priority time but this is a priority between 2020-21. Intent on Wildlife during 2020-21. September and April between April and October April and October Conservation Regulator Regulatory priorities 2020 – 2021 15
Regional regulatory priorities Regional regulatory priorities allow for a nuanced response based on regional issues and needs Conservation Regulator Regulatory priorities 2020 – 2021 16
Barwon South West Barwon South West is known for its stunning coastline and the national parks bringing additional visitors to the region for tourism and recreation. Popular and important natural sites include the Great Otway National Park, Otway Forest Park, Lower Glenelg National Park, Cobboboonee Forest Park and the Great Ocean Road. The region has a population under 400,000 and It is also home to the important regional centres covers 2.9 million hectares from the tip of the of Geelong, Warrnambool, Portland and Hamilton. Bellarine Peninsula to the border of South Australia. Agriculture, manufacturing and healthcare make a Both the Gunditjmara and Eastern Maar peoples significant contribution to the region’s economy. have had their native title rights recognised on areas Prior to 2020, the average growth of the area has of Crown land. been 1.5% across the region with the highest growth The region is also home to the Budj Bim Cultural along the Surf Coast (3%) and in Geelong (2%). While Landscape, the only world heritage listed landscape it is expected that growth will slow down temporarily in Victoria. It received World Heritage listing on 6 July due to the pandemic, population growth and climate 2019 and National Heritage listing on 20 July 2019. change continue to put pressure on the region’s natural resources. Conservation Regulator Regulatory priorities 2020 – 2021 17
Barwon South West priority risks and regulatory activities ILLEGAL VEHICLE USE The top regulatory risks identified in the region ON PUBLIC LAND With higher numbers of people spending their time recreationally in our forests, particularly in the Otway National and Forest Parks, and across Barwon South West near population centres, there is a higher ILLEGAL FIRES ILLEGAL TAKE ILLEGAL VEHICLE USE REGULATING THE VEGETATION REMOVAL number of people using off-road vehicles illegally on AND CAMPFIRES OF FIREWOOD ON PUBLIC LAND USE, KEEPING, ON PUBLIC LAND TRADE, TREATMENT public land. AND CONTROL OF NATIVE WILDLIFE REGULATING THE USE, KEEPING, TRADE, TREATMENT AND CONTROL OF WILDLIFE ILLEGAL FIRES ILLEGAL TAKE Unauthorised destruction of wildlife, including marine AND CAMPFIRES OF FIREWOOD animals, is putting vulnerable wildlife species under The conditions created by climate change, such as Population and economic factors are increasing the pressure along the coast. In particular, intelligence lower rainfall and higher temperatures, have increased impacts on the environment and the safety of the from land managers and the public indicates that the consequences of the risk with bushfires burning public from regulatory risk of illegal take of firewood. hooded plover populations on our beaches are facing with greater intensity, frequency and duration. increasing levels of interference from people and In the Otways and forest close to the South dogs. The urban interface in parts of the Great Otway Australian border, more people are accessing the National Park and surrounding state forest pose an forest for recreation use and resources. The number increased risk due to the potential for loss of homes of information reports for illegal take of firewood VEGETATION REMOVAL and lives. State-wide fire reporting indicates that has increased with potential commercial quantities ON PUBLIC LAND at least 40 escaped campfires became bushfires in being taken. This may be driven by both high energy Illegal removal of vegetation, specifically offences 2019-20, suggesting that further risk mitigation is costs and limited deterrence. The illegal removal of relating to the Flora and Fauna Guarantee Act required to decreased likelihood. redgum for firewood in the western part of the region 1988 (FFG), is an emerging regulatory risk. Moving is also impacting the nesting habitat available for the livestock continues to be a driver for vegetation threatened red-tailed black cockatoo. loss on public land and the Conservation Regulator continues to work with local councils and undertake targeted patrols. Conservation Regulator Regulatory priorities 2020 – 2021 18
Gippsland The Gippsland Region covers over four million hectares in the South Eastern most part of Victoria, and lies to the east of the eastern suburbs of Greater Melbourne, to the north of Bass Strait, to the west of the Tasman Sea, to the south of the Victorian/New South Wales border, and to the east and southeast of the Great Dividing Range. Approximately 272,000 people live in the region, of Sixty-two per cent of the region is Crown Land, and which 40% live in towns and settlements of fewer 24,600 hectares is managed by over 200 committees than 500 people. Before the 2019-20 bushfire season of management. The region includes extensive areas and pandemic, the Bass Coast and Baw Baw Shires of native forest, remote wilderness areas, major were the fastest growing municipalities in Regional heritage river systems, wetlands and the Gippsland Victoria and were on track to reach 386,000 people Lakes all of which are internationally significant for by 2041. their biodiversity values. The average growth over the last decade has been The popularity of Gippsland with tourists means it 1.3% across the region with the highest growth in Baw also has one of the highest rates of man-made fire Baw (2.8%). However, as with Victoria more broadly, in the State. It was the worst hit region in the 2019-20 while we expect a slowdown this will not provide relief bushfire season, with fires burning from November to the pressures this growth is putting on our natural 2019 through to April 2020. environment. This has significantly impacted the regulatory The native title rights of the Gunaikurnai people environment through increased illegal removal of are recognised through the 2010 Recognition and forest produce and impacts to wildlife. Settlement Agreement. Gippsland includes the traditional lands of the Gunaikurnai nation and part of West Gippsland of the Bunurong nation. Gippsland’s economy is driven by natural resources and commodities, with key industry sectors including agriculture, forestry, dairy and pastoral industries, fishing, and coal mining, oil and gas extraction and processing. Conservation Regulator Regulatory priorities 2020 – 2021 19
Gippsland priority risks and compliance actions The high priority regulatory risks for the Gippsland region include: ILLEGAL FIRES ILLEGAL TAKE BURNING OFF ON PRIVATE LAND AND CAMPFIRES OF FIREWOOD WITHOUT OR PERMIT, OR IN CONTRAVENTION OF A PERMIT ILLEGAL FIRES ILLEGAL TAKE AND CAMPFIRES OF FIREWOOD We have seen an increase in people illegally removing Illegal campfires and burning off on private and selling firewood. These operators are taking risks land without a permit or in contravention of with their own safety and that of the public by felling a permit trees over busy roads, operating at night and lighting This is particularly important while drought fires. conditions continue in the region and bushfires These people are doing significant environmental occurring as early as July combined with high and cultural damage in highly sensitive areas of levels of human activity, such as four-wheel drive forest and we will continue to work with Victoria enthusiasts, hunters and more broadly people Police, conduct patrols and investigate reports. lighting fires on total fire-ban days. Gippsland’s history of fires from human sources of ignition means fire prevention from human sources will remain a number one risk for the region. Conservation Regulator Regulatory priorities 2020 – 2021 20
Grampians The Grampians region covers 4,861,944 Tourism was a key source of income for the region hectares from Edenhope near the South prior to the pandemic, which was supported by renowned viticulture, restaurants, mineral springs Australian border east to Bacchus Marsh. and spectacular parks, forests and lakes. The region More than 220,000 live across the region, with is home to a diverse geography of mountains, Ballarat being the biggest population centre. rocky outcrops and desert supports native forests, grasslands and unique desert ecology. The Grampians region has 1.03 million hectares Grampians priority risks of public land and is home to the world-renowned and compliance actions Grampians National Park, an ancient landscape attracting large numbers of tourists every year. The Prior to 2020 growth over the last decade had been Grampians Peak Trail is an iconic tourism destination 1.4% across the region with the highest growth in attracting many national and international visitors. Golden Plains (2.8%) and Moorabool (2.5%). However, while we expect a slowdown this will not provide Over 250 volunteer committees of management relief to the pressures this growth is putting on our manage significant areas of public land on behalf natural environment. of the Grampians community. People enjoy a range of recreational activities on public land, including The region includes the traditional lands of the walking, cycling, camping, rock climbing, bird Wotjobaluk, Dja Dja Wurrung, Eastern Maar, watching and boating. Gunditjmara, Djabwurrung, Wadawurrung and Wurundjeri people. We partner with the Traditional Owners of the region to manage the Aboriginal values of public land and waters. Economic activity includes mineral sand resources and dryland farming in the Wimmera Southern Mallee sub-region, and the increasingly service driven economy of Ballarat in the Central Highlands sub-region. The Grampians region continues to be a key focus for renewable energy investment in Victoria, hosting the largest windfarms in Australia. Conservation Regulator Regulatory priorities 2020 – 2021 21
Grampians priority risks and regulatory activities WILDLIFE HABITAT The top regulatory risks identified in the region DESTRUCTION The increase in habitat destruction and illegal clearing of native vegetation has been increasing, particularly in the Wimmera District. Critical habitat required for threatened species such as the Mallee ILLEGAL CAMPFIRES, ILLEGAL VEHICLE USE ILLEGAL TAKE ILLEGAL OCCUPATION WILDLIFE HABITAT Fowl and the Red-Tailed Black Cockatoo are being INCLUDING TOTAL FIRE ON PUBLIC LAND OF FIREWOOD OF PUBLIC LAND DESTRUCTION BAN DAY, UNATTENDED, cleared at a level not seen before. This coupled with POORLY CONSTRUCTED climate change influences places these threatened species at greater risk. This illegal behaviour has been identified as an emerging trend. ILLEGAL FIRES ILLEGAL TAKE AND CAMPFIRES OF FIREWOOD The influence of climate change, lower than average Individual users seek to reduce their energy costs rainfall and drying conditions have had a significant by accessing forests for firewood for heating, influence on the Grampians landscape and has particularly in the Midlands District where many increased the risk of bushfire accordingly. For this communities have no access to natural gas reason, bushfire risk due to illegal campfires is rated connection. Investigations show that in many as high and significant respectively. instances well-organised groups are supplementing income through illegal trade of commercial volumes of firewood. ILLEGAL VEHICLE USE ON PUBLIC LAND ILLEGAL OCCUPATION Population growth and the lower cost of recreational OF PUBLIC LAND vehicles is driving an increase in off-road activities which may impact the natural and heritage values, The risk of habitat destruction, disruption of loss of equitable access to public land and the safety ecosystem function and loss of public safety caused of both illegal vehicle users and the public. For these by illegal occupation on public land has also been reasons, illegal vehicle use on public land is rated as observed to be on the increase. Particularly in the a high risk. construction, erection and maintenance of structures and encroachments within riparian areas. Conservation Regulator Regulatory priorities 2020 – 2021 22
Hume More than 40% of the Hume region (1.66 million hectares) is public land, including state forests, national, state and other parks managed by Parks Victoria and Crown Land. This public land includes a diverse range of habitats from the Victorian Alps to the riverine plains and is home to many threatened species. Public land is used for timber production, firewood, grazing, bee keeping, tourism and recreation. Hume priority risks and compliance actions The state and the Yorta Yorta people have a joint management agreement for the Barmah National Hume covers over four million hectares featuring Park and a co-operative management agreement for spectacular mountain country, fertile river valleys other areas of Crown land within the region. and extensive irrigated farmlands on the plains of the Goulburn and Murray valleys. The State and Taungurung Land and Waters Council have entered into a Recognition and Settlement The Region’s more than 320,000 population was Agreement, acknowledging the Taungurung as one of the fastest growing in Victoria before the Traditional Owners of the Crown land across a pandemic, particularly in the Hume corridor closer large area in the southern portion of the region. to Melbourne. The west and alpine areas of Hume This agreement provides for joint management of support a significant agricultural industry and some parks and reserves, natural resource take and the eastern region is home to a strong tourism use, natural resource management partnerships industry with people visiting for the wineries and and influence/control over existing Crown land gourmet food. The Hume and Goulburn Valley management activities. transport corridors link supply chains to national and international markets. Maintaining the integrity of the natural environment is critical to the future prosperity and sustainability Natural rainfall and irrigation support a multi- of the Region. million-dollar primary production industry in the region, at the forefront of global food production. The North East and Goulburn Broken catchments provide much of the water needed to sustain grazing, dairy, grains, horticulture, timber and viticulture, which supply domestic and international markets. Conservation Regulator Regulatory priorities 2020 – 2021 23
Hume priority risks and regulatory activities ILLEGAL VEHICLE USE The top regulatory risks identified in the region ON PUBLIC LAND The increase in recreational vehicle use state- wide impacts the environment, fair and equitable access to public land and means more time and effort is required to repair the damage done to ILLEGAL FIRES ILLEGAL TAKE ILLEGAL ILLEGAL REGULATING THE USE, KEEPING, roads. In addition, it can restrict access to areas by AND CAMPFIRES OF FIREWOOD OCCUPATION ON VEHICLE USE TRADE, TREATMENT AND PUBLIC LAND ON PUBLIC LAND CONTROL OF NATIVE WILDLIFE maintenance and emergency services vehicles. The Conservation Regulator in Hume works closely with Forest, Fire Management Victoria and Parks ILLEGAL FIRES ILLEGAL TAKE Victoria to monitor seasonally closed roads and AND CAMPFIRES OF FIREWOOD environmentally sensitive parcels of public land and develop targeted compliance operations to reduce Population growth, the slowing economy, increased Illegal campfires this impact. working from home requirements due to public health Climate change and a growing population spending measures and the increase in energy prices is driving more time on public land, and living closer to an increase in illegal take of firewood. REGULATING THE USE, KEEPING, TRADE, it, continues to make illegal campfires and the TREATMENT AND CONTROL OF WILDLIFE There is evidence that illegal take is occurring on catastrophic consequences of bushfire a priority a large scale in ecological and culturally valuable Last year a significant investigation was undertaken for Hume. Not only does it also put lives at risk, the River Red Gum woodlands and lineal reserves along into the poisoning of birds of prey within the Hume economic and environmental impacts are significant. waterways and other forest types. region that highlighted the importance of our work The Conservation Regulator and Forest, Fire in protecting native species. More broadly, there has Management Victoria in conjunction with Parks been an increase in reports of negative wildlife and ILLEGAL OCCUPATION Victoria authorised officers will conduct targeted human interaction. ON PUBLIC LAND patrols in high risk areas on days of elevated fire The Conservation Regulator in Hume will undertake danger to minimise the likelihood of illegal campfires This is wide-spread within Hume where consequences investigations, conduct monitoring and inspections escaping. include limiting access to public land and impacts as well as targeted community engagement to on land function and ecological processes. We may ensure native wildlife is valued and afforded a high expect an increase in this activity due to financial level of protection across the Hume Region. pressures associated with current circumstances. The Conservation Regulator in Hume will work with key partners to identify environmentally significant areas that are being impacted by illegal occupation and undertake an appropriate, graduated response to achieve compliance. Conservation Regulator Regulatory priorities 2020 – 2021 24
Loddon Mallee The Loddon Mallee Region covers 26% (5,898,824 hectares) of Victoria with its northern boundary running 400km along the Murray River from the South Australian border to Echuca. The region’s southern boundary is only 50kms from Melbourne in the Macedon Ranges. Loddon Mallee is home to ten local government areas. Loddon Mallee includes the traditional lands Agriculture accounts for over 70% of land use in of approximately 12 traditional owner groups the region and it is a major producer and exporter and is home to the landmark Dja Dja Wurrung of foods including grapes, grains, citrus, almonds, Traditional Owner Settlement Agreement and recent chickens and pigs. announcement of the First Peoples of the Millewa- Prior to 2020 the average growth over the last Mallee as a Registered Aboriginal Party (RSA). Over decade has been 1.1% across the region with the 300 thousand people live in the region, mainly in highest growth in Macedon Ranges (2%) and Greater the larger centres of Bendigo, Mildura, Swan Hill Bendigo (1.8%). While it is expected to slow down and Echuca. temporarily due to the current situation, population Around 28% (1,652,182 hectares) of the Loddon growth and climate change will continue to put Mallee is public land ranging from many sporting pressure on the region’s natural resources. fields and community halls to the vast Mallee Parks, Northern Grasslands and Box Ironbark Forest. The parks and reserves managed by DELWP and Parks Victoria provide important tourism and recreation experiences and are vital for populations of threatened flora and fauna. Conservation Regulator Regulatory priorities 2020 – 2021 25
Loddon Mallee priority risks and regulatory activities ILLEGAL VEHICLE USE The Loddon Mallee’s priorities are aligned with the State’s five regulatory priorities. ON PUBLIC LAND As with other areas in the state, population growth and urban encroachment are causing an increase in damage done to our forests, parks and reserves. For these reasons, illegal vehicle use on public land is ILLEGAL FIRES ILLEGAL TAKE ILLEGAL VEHICLE USE REGULATING THE USE, KEEPING, TRADE, AND CAMPFIRES OF FIREWOOD ON PUBLIC LAND TREATMENT AND CONTROL OF NATIVE WILDLIFE rated as a significant risk. REGULATING THE USE, KEEPING, TRADE, ILLEGAL FIRES ILLEGAL TAKE TREATMENT AND CONTROL OF WILDLIFE AND CAMPFIRES OF FIREWOOD Intelligence shows that the illegal possession and The priority includes campfires that are lit on total The illegal take of firewood has been the most trade of wildlife is occurring within the Loddon Mallee fire ban days, are unattended or poorly constructed. frequently reported issues for the Loddon Mallee for region. The Conservation Regulator has elevated the Low rainfall and high temperatures are driving the past two years. protection of wildlife to state-wide priority for 2020- increasing dryness which is increasing the risk 21 and in the Loddon Mallee this will include a focus As with the rest of Victoria, investigations are factor for bushfires, at the same time, the increasing on strategic wildlife licence inspections and audits. showing that in many instances, well-organised population is resulting in increased use of public groups are supplementing income through illegal land and the likelihood of campfires. For this reason, trade of commercial volumes of firewood. bushfire risk due to illegal campfires or lighting fires with the intent for it to spread is rated as high. There is evidence that illegal take in dry forest and woodland is occurring on a significant scale in Loddon Mallee. Conservation Regulator Regulatory priorities 2020 – 2021 26
Port Phillip The Port Phillip region is Victoria’s fastest growing, most populous and urbanised region which poses unique challenges in protecting out natural assets. It includes the Melbourne metropolitan region and growth corridors, Port Phillip and Western Port Bays, Mornington Peninsula, the Yarra Ranges, the Dandenong Ranges and the Western Grasslands. Port Phillip priority risks and compliance actions The region has 236,600 hectares of Crown land and Prior to the economic contraction and the hosts a diverse range of outdoor spaces, including anticipated slowdown in population growth caused stunning beaches, wetlands, native grasslands, state by coronavirus and the 2019-20 bushfire season, forests, national parks, rivers and creeks. Port Phillip the region was home to a growing population of is also home to some remarkable wildlife; from the over four million people. While we expect a short to largest urban Little Penguin colony at St Kilda Beach, medium term slowdown in population growth and pods of dolphins and the occasional curious whale increasing urban encroachment on the natural in the Bay, to the last wild population of Helmeted environment, this will not have a significant impact Honeyeaters at Yellingbo Nature Conservation in the longer term when economic and population Reserve. Recreation and tourism are major industries growth return to pre-pandemic levels. in the region, with iconic sporting and recreational facilities like the MCG, Albert Park, Flemington and Caulfield Racecourses, Melbourne, Healesville and Werribee Zoos and the Royal Botanic Gardens, supported by a large and diverse public land estate. Conservation Regulator Regulatory priorities 2020 – 2021 27
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