Common use of Private Land Clause in Contracts

Private Land. Endangered, vulnerable and rare EVCs within the North East have been assessed within a Statewide context to identify the importance of the region for their conservation. The priorities for protection of EVCs in the North East is shown in Table 3. The distribution of these EVCs, outside of the CAR Reserve System, is predominantly on private land. Riparian Forest Riparian Shrubland Rocky Outcrop Shrubland/Herbland Mosaic Valley Grassy Forest Box Ironbark Forest Riverine Escarpment Scrub Plains Grassy Woodland Alluvial Terraces Xxxx-xxxx Woodland Heathy Woodland Swampy Riparian Woodland Heathy Dry Forest Creekline Grassy Woodland Clay Heathland Wetland Formation Spring Soak Herbland Valley Heathy Forest Grassy Woodland Perched Boggy Shrubland Gilgai Plain Woodland/Wetland Mosaic Riverine Grassy Woodland/Riverine Sedgy Forest Mosaic Sand Ridge Woodland Floodplain Riparian Woodland The NFPS established that the CAR Reserve System will in the first instance be selected from public land. However, the NFPS and National Reserve Criteria (XXXXX 1997) recognise that a range of strategies will be appropriate for protecting biodiversity on private land. These range from purchase of priority areas for inclusion in the reserve system, to mechanisms which ensure protection, such as covenants on freehold land. Inclusion of private land in the CAR Reserve System will be voluntary. Mechanisms which provide for the protection of biodiversity on private land in Victoria include: • Conservation covenants under the Victorian Conservation Trust Act 1972 (Vic); • Land Management Cooperative Agreements under the Conservation Forests and Xxxxx Xxx 0000 (Vic); • Wildlife Management Cooperative Areas under the Wildlife Xxx 0000 (Vic); • Critical habitat provisions of the Flora and Fauna Xxxxxxxxx Xxx 0000 (Xxx); • Provisions of the Planning and Environment Xxx 0000 (Vic). Private land protected by these mechanisms could be included in the CAR Reserve System with the consent of the landholder. Both Parties agree that within the Statewide framework established in the Victorian Biodiversity Strategy and Regional Catchment Strategies, Victoria will review private land in the North East and identify native vegetation, including endangered, vulnerable and rare EVCs (listed in Table 3) which are priorities for protection and possible inclusion in the CAR Reserve System. This review will be undertaken in consultation with, and the agreement of, landholders and will be incorporated into Regional Vegetation Plans which will be produced by 2001. Victoria further agrees to review conservation covenants, established under the Victorian Conservation Trust Xxx 0000, in the North East region, to identify the conservation covenants which cover land with the EVCs listed in Table 3 and which may be suitable for inclusion in the CAR Reserve System. Victoria will consult the landholders of these identified conservation covenants as to whether they consent to the covenanted area being included within the CAR Reserve System. If a landholder agrees to inclusion of the area, Victoria will assess the covenanted area, taking into account the viability, integrity and significance of each area, to determine whether the covenanted area should be included within the CAR Reserve System. Victoria will maintain a schedule listing areas of private land which are included in the CAR Reserve System, and this schedule will be part of the Agreement. The Schedule of the Agreement will be amended from time to time as appropriate. Any amendments will be approved by the Secretary of the Department of Natural Resources and Environment.

Private Land. Endangered, vulnerable and rare EVCs within the North East have been assessed within a Statewide context to identify the importance of the region for their conservation. The priorities for protection of EVCs in the North East is shown in Table 3. The distribution of these EVCs, outside of the CAR Reserve System, is predominantly on private land. Riparian Forest Riparian Shrubland Rocky Outcrop Shrubland/Herbland Mosaic Valley Grassy Forest Box Ironbark Forest Riverine Escarpment Scrub Plains Grassy Woodland Alluvial Terraces Xxxx-xxxx Woodland Heathy Woodland Swampy Riparian Woodland Heathy Dry Forest Creekline Grassy Woodland Clay Heathland Wetland Formation Spring Soak Herbland Valley Heathy Forest Grassy Woodland Perched Boggy Shrubland Gilgai Plain Woodland/Wetland Mosaic Riverine Grassy Woodland/Riverine Sedgy Forest Mosaic Sand Ridge Woodland Floodplain Riparian Woodland The NFPS established that the CAR Reserve System will in the first instance be selected from public landPpublic Lland. However, the There are a number of EVCs in Gippsland that largely occur on pPrivate lLand. Such EVCs are denoted by an asterisk (*) in Table 12 above. The NFPS and National Reserve Criteria (XXXXX 1997) recognise that a range of strategies will be appropriate for protecting biodiversity bBiodiversity on private landPprivate Lland. These range from purchase of priority areas for inclusion in the reserve system, to mechanisms which ensure protection, such as covenants on freehold land. Inclusion of private land pPrivate lLand in the CAR Reserve System will be voluntary. Mechanisms which provide for the protection of biodiversity bBiodiversity on private land pPrivate lLand in Victoria include: • Conservation  conservation covenants under the Victorian Conservation Trust Act 1972 Xxx 0000 (Vic); •  Land Management Cooperative Agreements under the Conservation Forests and Xxxxx Lands Xxx 0000 (Vic); •  Wildlife Management Cooperative Areas under the Wildlife Xxx 0000 (Vic); • Critical  critical habitat provisions of the Flora and Fauna Xxxxxxxxx Xxx 0000 (Xxx); • Provisions and  provisions of the Planning and Environment Xxx 0000 (Vic). Private land Lland protected by these mechanisms conservation covenants and Land Management Cooperative Agreements in the Gippsland RFA Region could have been be included in the CAR Reserve System with the consent of the landholderlandholder as at 2019. Priority EVCs for inclusion in the CAR Reserve System as at 2019 have been identified in Table 1a and 1b based on their conservation status. Priorities for permanent protection on Private Land should be guided by Victoria’s Biodiversity Strategy (Biodiversity 2037), Regional Catchment Strategies, cost- effective decision-support tools and relevant agencies’ strategic plans (e.g. Trust for Nature). Both Parties agree that within the Statewide framework established in the Victorian Biodiversity Strategy and Regional Catchment Strategies, Victoria will review private land in the North East Gippsland and identify native vegetation, including endangered, vulnerable and rare EVCs (listed in Table 3) which are priorities for protection and possible inclusion in the CAR Reserve System. This review will be undertaken in consultation with, and the agreement of, landholders and will be incorporated into Regional Vegetation Plans which will be produced by 2001. Priorities for protection of EVCs on private land will be assessed using, but not limited to, the following criteria: D At the Victorian bioregion level:  all EVCs that are rated endangered, vulnerable or rare based on the XXXXX criteria have a high priority for protection E At the landscape and site level: the following criteria are to be used to assess EVCs on a site by site basis. F Site values are defined as values restricted to a particular site. These include:  presence of threatened species or communities  vegetation – quality involves an assessment of vegetation structure, floristics, diversity, effects of disturbance, density, cover and diversity of weed species present  vegetation viability – involves an assessment of the degree ofmanagement required to maintain a remnant at its current quality or better, including time frame  potentially threatening processes – are the processes that may result from disturbance. At the site level these include weed invasion, inappropriate fire regimes, erosion, salination, clearing, pathogens  level of protection – assesses site characteristics which may afford protection from, or increase negative effects of potentially threatening processes eg. topography, palatability, erodability, fertility, fire response  level of homogeneity of fragments of a particular EVC (will impact on the importance of a particular site) – assesses similarity to examples in conservation areas  shape of remnant – assesses edge effects and buffering  fragility – need to consider the EVC, the particular disturbance and resulting threats. For example EVCs on more fertile soils are more likely to be grazed (the disturbance) but the degree of threat will depend on the EVC present, eg. grazing may damage sub-alpine EVCs but certain grazing regimes may be of benefit to Plains Grassy Woodland. G Landscape values may be defined as features and processes in the landscape or surrounding areas that may impact on the vegetation at a particular site. These include:  potentially threatening processes – are the processes that may result from disturbance. At the landscape level these include habitat loss, alteration of hydrological regimes, inappropriate fire regimes, erosion, salination  fragmentation – effects include loss of connectivity, isolation of populations of flora and fauna, depletion of gene pool, increased edge effects, weed invasion, altered fire regimes, exposure which may lead to dehydration or dieback, decrease in species diversity. Effects may be partially ameliorated by application of buffer  proportion of EVC on private land  other considerations, including the importance of the region/study area for the protection of the EVC (edge of range, unique form, only region etc). Victoria further agrees to review conservation covenants, established under the Victorian Conservation Trust Xxx 0000, in the North East Gippsland region, to identify the conservation covenants which cover land with the EVCs listed in Table 3 identified as priorities for protection on private land and which may be suitable for inclusion in the CAR Reserve System. Victoria will consult the landholders of these identified conservation covenants as to whether they consent to the covenanted area being included within the CAR Reserve System. If a landholder agrees to inclusion of the area, Victoria will assess the covenanted area, taking into account the viability, integrity and significance of each area, to determine whether the covenanted area should be included within the CAR Reserve System. Victoria will maintain a schedule listing areas of private land which are included in the CAR Reserve System, and this schedule will be part of the Agreement. The Schedule of the Agreement will be amended from time to time as appropriate. Any amendments will be approved by the Secretary of the Department of Natural Resources and Environment.. GUIDELINE FOR REVIEWING MANAGEMENT GUIDELINES, MANAGEMENT PRESCRIPTIONS AND THE ZONING SCHEME Where proposed changes to the CAR Reserve System are made in accordance with the following Guideline the Commonwealth agrees to accept those changes. This Guideline will be included in the Gippsland Forest Management Plan. Victoria will maintain records indicating the location, extent and purpose of any amendment to the informal reserve system and the net impact amendments have on CAR values and timber resource values. Summary information on amendments will be provided in RFA reports prepared in accordance with clause 36. Updated copies of digital maps will be provided to the Commonwealth for each five yearly review. Summary information and digital coverage would be provided between these periods if there were any substantial amendments to the informal reserve system. The information will be made publicly available on request. MANAGEMENT GUIDELINES Reviewing Management Guidelines, Management Prescriptions and that component of the CAR Reserve System in State forest Management guidelines and prescriptions may be reviewed under the following circumstances:  when new information on the impact of forest management or utilisation activities on biological or cultural values becomes available;  if the status of a threatened species changes;  if new species are identified that are considered to be threatened;  when monitoring of the practical implementation of the reserve system indicates that improvements can be made;  as required by new legislation, policies or action statements.  changes to management strategies for certain species or values mean that the reserve system is more or less than adequate for those values;  field inspections or better mapping indicate that minor amendments are required to create practical management boundaries or to more accurately define the location of a particular species or value. At the scale of mapping used in the Agreement, the boundaries of some values cannot be accurately defined.  the reserve does not contain the values for which it was identified - amendments may be required to ensure that conservation targets are met;  new records are listed for species whose conservation targets have not been met;  new records of some species warrant changes to reserves to include areas of good-quality habitat in exchange for areas of poorer-quality habitat;  existing boundaries are found to place unreasonable restrictions on the practical access to areas for timber production or for infrastructure development (easements etc). Proposed changes to the reserve system will be assessed according to whether they:  ensure the CAR Reserve System continues to comply with the XXXXX Reserve Criteria;  adequately conserve the CAR values identified in the Comprehensive Regional Assessment data sets;  ensure there is no net deterioration in the level of protection of identified CAR Values in the SPZ;  will maintain the protection of national estate values at the agreed regional scale, noting that as a result of any change to the CAR Reserve System in State forest, some minor changes to individual values may occur;  consider the maintenance of National Estate protection;  conserve the values highlighted in the zoning scheme register of the Forest Management Plan;  maintain a well-distributed, inter-connected network of protected areas;  at least maintain the timber production capacity of State forest in terms of volume, species and quality;  minimise practical problems for timber harvesting or access in the General Management Zone;  make the best use of areas that are unavailable for timber harvesting due to other considerations such as slope, access and site quality;  avoid conflict with strategic burning zone ATTACHMENT 2 THREATENED FLORA, FAUNA LISTED SPECIES AND COMMUNITIES

Private Land. Endangered, vulnerable and rare EVCs within the North East have been assessed within a Statewide context to identify the importance of the region for their conservation. The priorities for protection of EVCs in the North East is shown in Table 3. The distribution of these EVCs, outside of the CAR Reserve System, is predominantly on private land. Riparian Forest Riparian Shrubland Rocky Outcrop Shrubland/Herbland Mosaic Valley Grassy Forest Box Ironbark Forest Riverine Escarpment Scrub Plains Grassy Woodland Alluvial Terraces Xxxx-xxxx Woodland Heathy Woodland Swampy Riparian Woodland Heathy Dry Forest Creekline Grassy Woodland Clay Heathland Wetland Formation Spring Soak Herbland Valley Heathy Forest Grassy Woodland Perched Boggy Shrubland Gilgai Plain Woodland/Wetland Mosaic Riverine Grassy Woodland/Riverine Sedgy Forest Mosaic Sand Ridge Woodland Floodplain Riparian Woodland The NFPS established that the CAR Reserve System will in the first instance be selected from public land. However, the NFPS and National Reserve Criteria (XXXXX 1997) recognise that a range of strategies will be appropriate for protecting biodiversity on private land. These range from purchase of priority areas for inclusion in the reserve system, to mechanisms which ensure protection, such as covenants on freehold land. Inclusion of private land in the CAR Reserve System will be voluntary. Mechanisms which provide for the protection of biodiversity on private land in Victoria include: • Conservation covenants under the Victorian Conservation Trust Act 1972 (Vic)Xxx 0000; • Land Management Cooperative Agreements under the Conservation Forests and Xxxxx Xxx 0000 (Vic)0000; • Wildlife Management Cooperative Areas under the Wildlife Xxx 0000 (Vic)0000; • Critical habitat provisions of the Flora and Fauna Xxxxxxxxx Guarantee Xxx 0000 (Xxx)0000; • Provisions of the Planning and Environment Xxx 0000 (Vic)0000. Private land protected by these mechanisms could be included in the CAR Reserve System with the consent of the landholder. Endangered, vulnerable and rare EVCs within the Central Highlands have been assessed within a Statewide context to identify the importance of the region for their conservation. The priorities for protection of EVCs occurring in the Central Highlands is shown in Table 3. The distribution of these EVCs, outside of the CAR Reserve System, is predominantly on private land. Valley Grassy Forest Cool Temperate Rainforest Riverine Forest Plains Grassy Woodland Box Ironbark Forest Granitic Hills Woodland Grassland Valley Heathy Forest Damp Xxxxx Xxxx-xxxx Woodland Grey Clay Drainage Line Complex Grassy Forest Clay Heathland Plains Grassy Wetland Box Woodland Riparian Scrub Complex Swamp Forest (part of Swampy Riparian Complex in the Central Highlands CRA Report) Floodplain Riparian Woodland Rocky Outcrop Scrub Swamp Scrub Rocky Outcrop Shrubland Gully Woodland (part of Swampy Riparian Complex in the Central Highlands CRA Report) Riverine Escarpment Scrub Swampy Woodland (part of Swampy Riparian Complex in the Central Highlands CRA Report) Swamp Formation Both Parties agree that within the Statewide framework established in the Victorian Biodiversity Strategy and Regional Catchment Strategies, Victoria will review private land in the North East Central Highlands and identify native vegetation, including endangered, vulnerable and rare EVCs (listed in Table 3) ), which are priorities for protection and possible inclusion in the CAR Reserve System. This review will be undertaken in consultation with, and the agreement of, landholders and will be incorporated into Regional Vegetation Plans which will be produced by 2001. Victoria further agrees to review conservation covenants, established under the Victorian Conservation Trust Xxx 0000, in the North East Central Highlands region, to identify the conservation covenants which cover land with the EVCs listed in Table 3 and which may be suitable for inclusion in the CAR Reserve System. Victoria will consult the landholders of these identified conservation covenants as to whether they consent to the covenanted area being included within the CAR Reserve System. If a landholder agrees to inclusion of the area, Victoria will assess the covenanted area, taking into account the viability, integrity and significance of each area, to determine whether the covenanted area should be included within the CAR Reserve System. Victoria will maintain a schedule listing areas of private land, including Melbourne Water Corporation land as discussed below, which are included in the CAR Reserve System, and this schedule will be part of the Agreement. The Schedule of the Agreement will be amended from time to time as appropriate. Any amendments will be approved by the Secretary of the Department of Natural Resources and Environment.

Private Land. Endangered, vulnerable and rare EVCs within the North East have been assessed within a Statewide context to identify the importance of the region for their conservation. The priorities for protection of EVCs in the North East is shown in Table 3. The distribution of these EVCs, outside of the CAR Reserve System, is predominantly on private land. Riparian Forest Riparian Shrubland Rocky Outcrop Shrubland/Herbland Mosaic Valley Grassy Forest Box Ironbark Forest Riverine Escarpment Scrub Plains Grassy Woodland Alluvial Terraces Xxxx-xxxx Woodland Heathy Woodland Swampy Riparian Woodland Heathy Dry Forest Creekline Grassy Woodland Clay Heathland Wetland Formation Spring Soak Herbland Valley Heathy Forest Grassy Woodland Perched Boggy Shrubland Gilgai Plain Woodland/Wetland Mosaic Riverine Grassy Woodland/Riverine Sedgy Forest Mosaic Sand Ridge Woodland Floodplain Riparian Woodland The NFPS established that the CAR Reserve System will in the first instance be selected from public land. However, the NFPS and National Reserve Criteria (XXXXX 1997) recognise that a range of strategies will be appropriate for protecting biodiversity on private land. These range from purchase of priority areas for inclusion in the reserve system, to mechanisms which ensure protection, such as covenants on freehold land. Inclusion of private land in the CAR Reserve System will be voluntary. Mechanisms which provide for the protection of biodiversity on private land in Victoria include: • Conservation covenants under the Victorian Conservation Trust Act 1972 (Vic)Xxx 0000; • Land Management Cooperative Agreements under the Conservation Forests and Xxxxxxx xxx Xxxxx Xxx 0000 (Vic)0000; • Wildlife Management Cooperative Areas under the Wildlife Xxx 0000 (Vic)0000; • Critical habitat provisions of the Flora and Fauna Xxxxxxxxx Guarantee Xxx 0000 (Xxx)0000; • Provisions of the Planning and Environment Xxx 0000 (Vic)0000. Private land protected by these mechanisms could be included in the CAR Reserve System with the consent of the landholder. Endangered, vulnerable and rare EVCs within the Central Highlands have been assessed within a Statewide context to identify the importance of the region for their conservation. The priorities for protection of EVCs occurring in the Central Highlands is shown in Table 3. The distribution of these EVCs, outside of the CAR Reserve System, is predominantly on private land. Valley Grassy Forest Cool Temperate Rainforest Riverine Forest Plains Grassy Woodland Box Ironbark Forest Granitic Hills Woodland Grassland Valley Heathy Forest Damp Xxxxx Xxxx-xxxx Woodland Grey Clay Drainage Line Complex Grassy Forest Clay Heathland Plains Grassy Wetland Box Woodland Riparian Scrub Complex Swamp Forest (part of Swampy Riparian Complex in the Central Highlands CRA Report) Floodplain Riparian Woodland Rocky Outcrop Scrub Swamp Scrub Rocky Outcrop Shrubland Gully Woodland (part of Swampy Riparian Complex in the Central Highlands CRA Report) Riverine Escarpment Scrub Swampy Woodland (part of Swampy Riparian Complex in the Central Highlands CRA Report) Swamp Formation Both Parties agree that within the Statewide framework established in the Victorian Biodiversity Strategy and Regional Catchment Strategies, Victoria will review private land in the North East Central Highlands and identify native vegetation, including endangered, vulnerable and rare EVCs (listed in Table 3) ), which are priorities for protection and possible inclusion in the CAR Reserve System. This review will be undertaken in consultation with, and the agreement of, landholders and will be incorporated into Regional Vegetation Plans which will be produced by 2001. Victoria further agrees to review conservation covenants, established under the Victorian Conservation Trust Xxx 0000, in the North East Central Highlands region, to identify the conservation covenants which cover land with the EVCs listed in Table 3 and which may be suitable for inclusion in the CAR Reserve System. Victoria will consult the landholders of these identified conservation covenants as to whether they consent to the covenanted area being included within the CAR Reserve System. If a landholder agrees to inclusion of the area, Victoria will assess the covenanted area, taking into account the viability, integrity and significance of each area, to determine whether the covenanted area should be included within the CAR Reserve System. Victoria will maintain a schedule listing areas of private land, including Melbourne Water Corporation land as discussed below, which are included in the CAR Reserve System, and this schedule will be part of the Agreement. The Schedule of the Agreement will be amended from time to time as appropriate. Any amendments will be approved by the Secretary of the Department of Natural Resources and Environment.