Amending a Property Vegetation Plan

What are property vegetation plans?  

A Property Vegetation Plan (PVP) is a legacy legal instrument from the repealed Native Vegetation Act (2003). 

If you have a PVP that was approved before the Native Vegetation Act was repealed, it may still apply to your land. PVPs can have ongoing legally binding responsibilities for landholders. 

A PVP applies to current and future landholders. If the land is sold, the new owner must follow the management actions in the PVP until it expires. 

An abstract of the PVP must be registered on the public register and kept by the Land and Property Management Authority under the Real Property Act 1900.   

To check if a PVP applies to a property, you can search the native vegetation public register.

Purpose of a property vegetation plan  

In the past, landholders used Property Vegetation Plans for purposes including: 

• for native vegetation clearing approval, and to secure any offsets associated with that clearing
• to confirm native vegetation on a property was regrowth, so it would not need future clearing approval
• to change the regrowth date of native vegetation to an earlier date
• to confirm whether existing rotational farming practices meet the definitions in the Act so that clearing approval will not be required
• applying for native vegetation incentive funding
• to protect native vegetation for future generations
• to allow sustainable native forestry activity on private land.  

How long does a PVP last?  

Property vegetation plans vary in their duration from a few years through to in perpetuity. PVPs approved before the repeal of the Native Vegetation Act 2003 remain valid and in force.   

PVPs for the purpose of conservation or to secure incentives vary in their duration from 10 years to in perpetuity.   

PVPs with clearing management actions will limit clearing to a maximum of 15 years from approval.   

Offset areas and any associated management actions identified in a PVP are conditional in perpetuity and run with the land. This means they remain in effect even if the land is sold to a new owner.   

How to amend or end a PVP 

You can apply to have an existing property vegetation plan modified or ended. The amendments depend on the type of PVP and whether or not clearing has taken place.

Some factors that determine if a PVP can be amended include if:

• the landholder has complied with all management actions of the PVP
• there is a legitimate reason for the amendment or ending of the PVP
• consent is required and given, from other signatories to the approved PVP
• there are outstanding works or monies associated with the PVP.

Some examples of how the PVP may be modified include:

• where no clearing has occurred, a PVP may be varied to bring forward the end date. This removes the offset management obligations for the PVP.
• where clearing has occurred or incentive funding has been paid, a PVP may be varied. For example, the management actions negotiated on an offset area may be modified to capture new management practices on a property.
• where partial, but not all clearing has occurred, a PVP may be brought to an end. A mandatory code compliant certificate would be issued and the offset area re-calculated as a set-aside area based on the area of clearing already undertaken.  

To find out if your PVP (including Private Native Forestry PVPs) can be changed or ended, contact Local Land Services. 

Local Land Services can also advise you on your options for managing native vegetation under current legislation and the Land Management Framework.