Tree and Vegetation Management

Policy

This policy sets out requirements for schools and the Victorian School Building Authority (VSBA) to preserve or replace vegetation affected by capital building projects.

Summary

• Schools are required to give consideration to biodiversity before removing or planting trees and vegetation, by following the guidance in this policy.
• Schools or the VSBA must plant at least two trees of a comparable species for every one removed as part of capital building projects. Schools are responsible for this on school-led projects, while the VSBA will meet this requirement for projects they lead.
• Schools and the VSBA must ensure capital building projects comply with tree removal legal requirements.
• School-led capital projects are exempt from local planning scheme requirements under the Planning and Environment Act 1987 (Vic). However, it is best practice to follow the intent of local planning schemes in accordance with the School-Funded Capital Projects Policy.
• Schools and the VSBA must ensure revegetation complies with Victorian Registration and Qualifications Authority Guidelines on Bushfire Preparedness (Word) and the Department’s Shelter-in-Place Buildings Policy (which includes additional considerations for schools with bushfire/grassfire identified as a risk in their Emergency Management Plans)
• This policy falls within the 'Plan' stage of the School Asset Lifecycle.

Details

The VSBA promotes safe, manageable and sustainable outdoor environments – including preserving and replacing vegetation.

Schools are required to give consideration to biodiversity and promote positive biodiversity impacts on their school sites

In order to manage any loss of biodiversity from removing native vegetation during capital works, schools or the VSBA must plant a minimum of 2 comparable trees for each tree removed as part of capital projects. For example, removed native trees must be replaced with native trees. Schools are responsible for this on school-led projects, while the VSBA will meet this requirement for projects they lead.

The VSBA encourages principals to include final planting schedules and site plans in their capital project plan.

Legal requirements

Schools and the VSBA must ensure school-led capital building projects comply with vegetation removal legislation and regulations. Principals may engage an arborist who can prepare a vegetation removal and retention report to help with this.

If a project will remove a significant amount of vegetation, the arborist can conduct a survey that specifies the species on the site.

The vegetation removal and retention report should advise on the legal requirements specified below:

• Schools are required to protect biodiversity under the Flora and Fauna Guarantee Act 1988 (Vic). Schools can access further information in the Biodiversity duty guidance in this policy.
• If a project impacts on a matter of national environmental significance under the Environment Protection Biodiversity and Conservation Act 1999 (Cth), an environmental assessment and approval must be obtained from the Federal Minister for the Environment. You can find further information on the Federal Department of Environment and Energy website.
• Where protected flora under the Flora and Fauna Guarantee Act 1988 (Vic) is present on the project site, this flora can only be removed with a permit. You can find a list of protected flora and procedures for obtaining a permit on the Department of Environment, Land, Water and Planning website.
• If the project site contains the habitat of endangered, notable or protected wildlife under the Wildlife Act 1975 (Vic), this habitat cannot be disturbed under the Wildlife Regulations 2013 (Vic).
• If the project site contains trees on the Victorian Heritage Register, under the Heritage Act 2017 (Vic), these trees can only be removed with a permit. You can find procedures for obtaining a permit on the Department of Environment, Land, Water and Planning website.
• If the project site is in an area of Aboriginal cultural heritage sensitivity, the school may require a cultural heritage management plan under the Aboriginal Heritage Act 2006 (Vic). For more information, refer to Cultural Heritage Management Plans.
• If the project site contains noxious weeds or pest animals under the Catchment and Land Protection Act 1994 (Vic), the school must arrange to eradicate these species to the fullest extent possible.

Departmental requirements

Certain plant species must not be used on school sites. These are listed in section 5.1.1 of the Building Quality Standards Handbook (PDF) and include plants that are harmful to humans, and trees with troublesome root systems.

Natural shade may be provided around high-use areas by retaining all suitable trees. See section 5.1.4 of the Building Quality Standards Handbook (PDF).

Planning schemes

Capital building projects at schools are exempt from local planning scheme requirements under the Planning and Environment Act 1987 (Vic). However, it is best practice for project plans to follow the intent of local planning schemes in accordance with the School Funded Capital Projects Policy.

School infrastructure requirements take precedence over local planning scheme requirements. For example, schools can consider removing significant trees that damage their infrastructure or risk personal injury.

Schools, or the VSBA, are encouraged to consider the following planning scheme aspects when making vegetation removal and regeneration decisions on their capital building projects:

• Environmental and landscape values — Planning should protect, restore and enhance sites and features of nature conservation, biodiversity, geological or landscape value. This includes specific trees on the National Trust of Australia’s Register of Significant Trees.
• Biodiversity — Planning should support the health and biodiversity of ecological systems.
• Native vegetation — Planning should avoid removing native vegetation where possible, and offset biodiversity loss of any necessary removal.
• Heritage — Planning should conserve, enhance, and not adversely affect heritage places of natural or cultural significance.
• Environmental risks — Planning should minimise environmental degradation and hazards.

Local laws

Local laws may require schools or the VSBA to obtain a permit to remove significant trees. Schools and the VSBA are not always exempt from these laws, as they do not fall under local planning schemes. Schools should check with their local government authority before removing significant trees, even significant trees identified as a problem.

Environmental considerations

To fully consider environmental aspects of planning schemes, schools and the VSBA may:

• analyse vegetation retention opportunities and constraints for their development
• consult the local council on applying planning schemes and local laws to the capital works site (while such school works are exempt from planning schemes, schools and the VSBA should follow their intent where practical)
• consult the school community, local environmental and community groups and neighbours

The VSBA recommends the consultation is proportional to how much vegetation the planned project will disturb. Schools may contact their regional office for advice on how to consult with their communities.

Bushfire preparedness

All schools must implement a schedule (as part of their online Emergency Management Plan) for monitoring and removing materials that may easily ignite, in accordance with the Guidelines on Bushfire Preparedness. This includes branches overhanging buildings, debris and rubbish around and under buildings (including gutters), and dry grass and vegetation. Schools and the VSBA must ensure revegetation does not impede this schedule.

Schools with bushfire/grassfire identified as a risk in their Emergency Management Plans must also endeavour to complete the vegetation maintenance activities listed under ‘Maintenance around the SIP and school buildings’ section of the Shelter-in-Place Policy.

• Further guidance can be found in the department’s Landscaping for bushfire prone areas guide (PDF) and the Country Fire Authority’s Landscaping for bushfire guide.
• More information about Emergency Management Planning, including the Emergency Management Plan online tool, can be found in the Emergency and Critical Incident Management Planning policy.

Definitions

Biodiversity
The Flora and Fauna Guarantee Act 1988 (Vic) defines biodiversity as 'the variability among living organisms from all sources (including terrestrial, marine, and other aquatic ecosystems) and includes:

1. diversity within species and between species; and
2. diversity of ecosystems.'

This means biodiversity includes plants, animals and living things (such as, fungi and micro-organisms). It also includes the habitats and ecosystems they live in.

Flora
Flora means plants.

Related policies

• Bushfire and Grassfire Preparedness
• Emergency and Critical Incident Management Planning
• School-Funded Capital Projects
• Shelter-in-Place Buildings
• Sustainable Facilities

Relevant legislation

• Aboriginal Heritage Act 2006 (Vic)
• Catchment and Land Protection Act 1994 (Vic)
• Flora and Fauna Guarantee Act 1988 (Vic)
• Planning and Environment Act 1987 (Vic)
• Wildlife Act 1975 (Vic)
• Wildlife Regulations 2013 (Vic)

Contacts

For questions about the Safe Trees program:

Victorian School Building Authority
Response Unit
vsba.response.program@education.vic.gov.au

For questions about biodiversity considerations:

Victorian School Building Authority
1800 896 950
vsba@education.vic.gov.au

For general questions about this policy:

Victorian School Building Authority
1800 896 950
vsba@education.vic.gov.au

Biodiversity duty

This guidance chapter provides schools with information regarding the biodiversity duty set out in section 4B of the Flora and Fauna Guarantee Act 1988 (Vic) (FFG Act).

Biodiversity considerations

Summary

Schools must consider biodiversity when undertaking activities that may enhance or decrease biodiversity on their site, such as removing or planting trees and vegetation.

The steps for considering biodiversity are as follows.

Step 1

• Schools must be aware of the objectives of the FFG Act which are:
  • to guarantee that flora and fauna in Victoria can persist and improve in the wild and retain their capacity to adapt to environmental change
  • to prevent flora and fauna from becoming threatened and to recover threatened species so their conservation status improves
  • to protect, conserve, restore and enhance biodiversity.

Step 2

• With that awareness in mind, schools must consider the impacts of the proposed function on biodiversity, before proceeding with the planned activity.
• Impacts include short and long term, beneficial and detrimental, direct and indirect and cumulative impacts.
• Schools may use the general knowledge reasonably expected to be held by school leadership when assessing potential impacts.
• Schools should also consider other interests (for example, the reason they need to remove a tree or the legislative requirements of bushfire clearing works).

Step 3

• There is no required action following consideration of the impact on biodiversity.
• Schools may decide to proceed with activities on their site, even if the impact is expected to decrease biodiversity.
• If schools need further support, or suspect there are threatened species on site, they should engage an arborist for advice.

Additional guidance

There is no set assessment or methodology required when assessing the impacts on biodiversity, however, this policy sets out some examples which schools may like to replicate when giving consideration.

Schools are not required to record any biodiversity considerations made but can do so if they wish.

Schools should consider other existing policies which outline requirements to support the health and biodiversity of ecological systems and manage any loss of biodiversity, including the requirements in this policy and the Building Quality Standards Handbook (BQSH) (such as section 3.4 Landscape Planning).

Schools may choose to engage an arborist who can assist them with considering biodiversity, especially if they have a reasonable belief that they have threatened species onsite, although this is not required. Schools can choose to fund this through their School Resource Package Grounds Allowance funding which is provided to ensure that grounds of the school are properly maintained, including trees.

Bushfire Prevention (Vegetation) Program

The Bushfire Prevention (Vegetation) Program (BPVP) is a function which would reasonably be expected to impact on biodiversity as it requires clearing vegetation to minimise bushfire risk.

Schools’ priority is to ensure their school is safe from bushfire related impacts in line with BPVP requirements.

Once this is ensured, schools must still give consideration to biodiversity before conducting any vegetation clearance works. Due to the requirement of the BPVP and the long-term impact of the BPVP to biodiversity (that is, preventing severe bushfires and therefore preventing severe impact on biodiversity), following consideration, it may be that schools conclude they can proceed with the clearing.

While the action of conducting vegetation clearing is likely going to be unavoidable, schools should pay regard to the positive actions they can take to offset the potential negative consequences caused by the vegetation clearing. For example, schools might consider planting fire resistant species of flora following the fire season.

Case studies

Case study 1: Removing trees

Scenario description

A school in the south-east of Melbourne has raised funds locally to upgrade their bike shed. The school is seeking to encourage more students to ride their bikes to school and needs additional space to store bikes as on most days the bike shed is at capacity. To extend the bike shed, the school will need to remove vegetation, including 3 trees.

Example process of giving consideration

1. The school has previously familiarised themselves with the objectives of the FFG Act.
2. With the objectives in mind (that is, to protect and conserve biodiversity in Victoria), the school considers the potential impacts of removing the 3 trees on biodiversity, before proceeding. In doing this, the principal uses their general knowledge and does not rely on any further expertise or advice.
3. While giving consideration, the principal also considers other interests, such as the reason the trees potentially need to be removed.
4. These are some of the questions the principal considers when giving consideration to the potential impacts:
   1. Will removing these trees threaten the persistence of this species in their natural environment?
   2. Will removing these trees help to protect, conserve, restore and enhance biodiversity?
   3. What will the short-term, long-term, direct, indirect and cumulative impacts on biodiversity be?
5. The principal weighs the potential impacts on biodiversity with the reason behind needing to remove the trees, and the potential benefits that will bring to the school community (for example, extending the bike shed will allow more students to ride to school instead of driving or taking public transport).
6. The principal also notes the requirement under the Tree and Vegetation Management policy to plant 2 trees of a comparable species for every one removed.

Decision

The principal decides that, on balance, extending the bike shed is going to have greater benefits to the environment, than the impact of removing the 3 trees. To offset any impact to biodiversity, the principal decides to plant 10 native trees as close to the original location of the existing trees as possible.

Case study 2: Bushfire prevention clearing

Scenario description

A school in northern Victoria is listed on the Bushfire-At-Risk Register. They receive funding under the department’s Bushfire Preparedness (Vegetation) Program (BPVP) in recognition of their higher risk. In preparation for the upcoming annual bushfire season, the school is organising its essential bushfire vegetation clearance works.

Example process of giving consideration

1. The school has previously familiarised themselves with the objectives of the FFG Act.
2. With the objectives in mind (that is, to protect and conserve biodiversity in Victoria), the school considers the potential impacts of conducting the bushfire prevention clearing, before proceeding.
3. In doing this, the principal uses their general knowledge and does not rely on any further expertise or advice.
4. While giving consideration, the principal also considers other interests, such as this function being unavoidable given the schools requirements under the BPVP program.
5. These are some of the questions the principal considers when giving consideration to the potential impacts:
   • What are going to be the detrimental impacts on biodiversity (for example, some vegetation will be removed)?
   • What are the benefits related to vegetation clearing (for example, reduced risk of detrimental impacts from bushfire which will allow for flora and fauna to persist and the controlled nature of the process)?
   • What can the school do to positively impact on and enhance local biodiversity following the clearing works (such as planting more varieties of native fire plants)?
6. Given this function is unavoidable, the principal focuses their attention on what positive impacts to biodiversity they can implement to off-set any potential negative consequences of the vegetation clearing works.

Decision

Due to the requirement of the BPVP and the long-term impact of the BPVP to biodiversity (that is, preventing severe bushfires and therefore preventing severe impact on biodiversity), the principal decides to continue with the clearance works. Following bushfire season, the school will commit to planting 20 fire resistant native species of plants to off-set any potential negative consequences caused by the vegetation clearing works.

Case study 3: Landscaping

Scenario description

A school in Melbourne’s northern suburbs is seeking to refresh an old wetlands area on their school’s site, which has been neglected for some time. They want to remove some of the current vegetation, and replant species of plants to create a thriving wetlands area which students can engage in during class time and recreational time. The intent is to enhance biodiversity on the school grounds and allow students with greater access to biodiversity, which will be used in lessons.

Example process of giving consideration

1. The school has previously familiarised themselves with the objectives of the FFG Act.
2. With the objectives in mind (that is, to protect and conserve biodiversity in Victoria), the school considers the potential impacts of removing vegetation and replanting species of plants on biodiversity, before proceeding. In doing this, the principal uses their general knowledge.
3. While giving consideration, the principal also considers other interests, such as the reason why they want to transform this wetlands area.
4. As in line with the BQSH, the school has engaged a landscape designer to assist them with this process.
5. The school and the landscape designer are guided by the BQSH which outlines the tree and plant selection criteria for Victorian government schools.
6. These are some of the questions the principal considers, in consultation with the landscape designer, when giving consideration to the potential impacts:
   • Why are they removing the current vegetation?
   • Is removing the current vegetation essential to refreshing the wetlands area?
   • What benefit will removing the current vegetation bring?
   • What is the potential detriment associated with removing the current vegetation?
   • Will the plant choices made ensure species can persist and improve in the wild?
   • Will the plant choices made help recover threatened species?
   • Will the plant choices made help to protect, conserve, restore and enhance biodiversity?
   • What will the short-term, long-term, direct, indirect and cumulative impacts on biodiversity be?
   • Will the function contribute to valuing nature and ensuring Victoria’s natural environment is healthy?

Decision

In consultation with the landscape designer, the school decides that there is no material reason to remove the current vegetation. While the school initially thought this would be the easiest solution, after giving consideration to the impacts on biodiversity, they have determined this is not essential. The landscape designer has provided advice that the existing vegetation can remain, and the school can add to it by planting native vegetation, which will allow the whole wetlands area to be rejuvenated.

Resources

Biodiversity Duty

• Choosing actions for nature
• Victorian Biodiversity Atlas
• Biodiversity 2037
• Flora and Fauna Guarantee Act 1988 (Vic)

Bushfire-preparedness resources

• Bushfire Preparedness Guidelines (DOCX)
• Landscaping for bushfire prone areas (PDF) – additional department guidance on landscaping for bushfire prone areas
• Landscaping for bushfire – garden design and plant selection – a Country Fire Authority (CFA) resource that focuses on residential gardens. The design principals can be applied to larger developments and subdivisions (such as schools)

External links

• Protected Flora and Listed Fish – contains a list of protected flora and procedures for obtaining a permit
• National Trust of Australia – contains a register of significant trees that schools and the VSBA should consider when making decisions about vegetation
• Victorian Heritage Register – a list of trees that can only be removed with a permit