Vegetation Removal Policy

Safety and Service Division ENVIRONMENT Operational Procedures & Forms Vegetation Removal Policy First Published: February 1998 Revision 12: October 2015 Knet doc: # 1965602 The Native Vegetation Council first approved this document on 30 March 2005. It was reviewed and its continued approval endorsed by the NVC as the Department of Planning, Transport and Infrastructure, Standard Operating Procedure under the Native Vegetation Act 1991. This document has been prepared by the Environment and Sustainability Unit of the Asset Management Directorate within the Department of Planning, Transport and Infrastructure. It has been approved and authorised for use by the Department of Planning, Transport and Infrastructure and its authorised agents by: 20 March 2015 Extracts may be reproduced providing the subject is kept in context and the source is acknowledged. Every effort has been made to supply complete and accurate information. This document is subject to continual revision and may change. To ensure you have the most up-to-date version of this document, refer to http://www.dpti.sa.gov.au/documents/environment For information regarding the interpretation of this document contact: Stormwater, Environment and Heritage Unit, Asset Management Telephone: (08) 8343 2398 Facsimile: (08) 8343 2905 Doc. Owner: Senior Environmental Management Officer Page 2 of 70

Table of Contents 1 Introduction 9 1.1 Background 9 2 Legislative and policy requirements 9 2.1 Policy Principles 9 2.2 Legislative requirements 10 3 Approval requirements 13 3.2 Principles of clearance (under the Native Vegetation Act) 17 4 Construction and maintenance activities 18 4.1 New Works 18 4.2 Clearance envelopes - road 19 4.2.1 Tree removal or pruning within road clearance envelopes 19 4.3 Maintenance activities 24 4.3.1 Maintenance of road shoulders, turnouts, culverts and stacking sites 25 4.3.2 Maintenance or repair and protection of infrastructure 25 4.3.3 Safe sight distance on road verges 26 4.3.4 Clearance for public safety 26 4.3.5 Low Impact Method of Clearance 28 4.3.6 Property maintenance 28 4.3.7 Emergency works 28 4.3.8 Marine Maintenance 29 4.4 Clearance envelopes - rail 29 4.4.1 Tree removal or pruning within rail clearance envelopes 29 5 Vegetation removal process 32 6 Remediation measures 33 6.1 Native Vegetation Act remediation requirements 33 6.2 Development Act remediation requirements 34 6.3 Environment Protection and Biodiversity Conservation Act remediation requirements 34 6.4 Remediation for amenity vegetation, vegetation not covered by the Native Vegetation Act and vegetation cleared in accordance with Native Vegetation Regulation 5(1)(lb) 34 7 Environmental management activities during vegetation removal 35 8 Non-conformances 35 9 Reporting 35 10 References 36 11 Departmental Guidelines, Manuals and Procedures 36 Doc. Owner: Senior Environmental Management Officer Page 3 of 70

List of Appendices Vegetation Removal Policy Appendix A: Guide to the Native Vegetation Act 1991 38 Appendix B: Native Vegetation Clearance Application Form 43 Appendix C: Native Vegetation Regulation 5(1)(lb) Clearance Proposal Form 46 Appendix D: Guide to the Environment Protection & Biodiversity Conservation Act 1999 53 Appendix E: Guide to Regulated and Significant Trees - Development Act 1993 55 Appendix F: Crown Development Application 61 Appendix G: Vegetation Removal Request Form 63 Appendix H: Native Vegetation Information Sheet No.20 66 List of Figures Figure 3.1 Procedure for obtaining vegetation removal approvals 14 Figure 4.1 Standard vegetation clearance (kerbed and unkerbed) 20 Figure 4.2 Restricted clearance mature vegetation (kerbed and unkerbed) 20 Figure 4.3 Restricted clearance - dedicated parking (minimum) 21 Figure 4.4 Clearance over medians (less than 60kph) 21 Figure 4.5 Clearance over medians (greater than 60kph) 22 Figure 4.6 Clearance requirements on General Oversize Vehicle Routes 22 Figure 4.7 Clearance requirements on Key Oversize Vehicle Routes 23 Figure 4.8 Clearance requirements for multiple use paths 23 Figure 4.9 Clearance requirements for cut rock faces 24 Figure 4.10 Clearance around roadside infrastructure 25 Figure 4.11 Clearance around live electrical apparatus (multiple configurations) 30 Figure 4.12 Clearance envelope for protection and operation of track 31 Figure 4.13 Clearance envelope for protection and operation of tram line 31 Figure 5.1 Vegetation removal approval process 32 List of Tables Table 3.2 Legislative and Approval requirements 15 Table 3.3 Approval requirements for vegetation subject to the Native Vegetation Regulations 2003 17 Table 3.4 Circumstances where native vegetation may be cleared under Regulation 5(1)(lb) 27 Table 6.1 Criteria for determining replacement rates native vegetation 33 Doc. Owner: Senior Environmental Management Officer Page 4 of 70

List of acronyms Vegetation Removal Policy DAC DEWNR DoE DPTI EIAR EO EPBC ES MPD MAAR NVAP NVC PM PEO SEB SEMO SOP VMP Development Assessment Commission Department of Environment, Water and Natural Resources Department of the Environment (Commonwealth) Department of Planning, Transport and Infrastructure Environmental Impact Assessment Report Environmental Officer Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth) Environment and Sustainability Unit Manager, Project Delivery Minister for Aboriginal Affairs & Reconciliation Native Vegetation Assessment Panel Native Vegetation Council Project Manager Principal Environmental Officer, Contracts and Environment Significant Environmental Benefit Senior Environmental Management Officer, Contracts and Environment (includes Environment Planning Coordinator) Standard Operating Procedure Vegetation Management Plan Doc. Owner: Senior Environmental Management Officer Page 5 of 70

Glossary Vegetation Removal Policy Word Amenity tree Canoe tree Carriageway Clearance Clearance envelope Clear zone Declared pest plant Environmental Impact Assessment Report (EIAR) Environmental weeds Definition A tree, not being native vegetation as defined by the Native Vegetation Act, or a declared plant or environmental weed, which, by virtue of its size and aesthetic qualities, provides amenity (can be planted or self-seeded). A tree with scars that indicate where Aboriginal people have cut out a portion of the tree for a canoe. May also be referred to as a Scarred tree. That portion of a road or bridge devoted particularly to the use of vehicles, inclusive of shoulders and auxiliary lanes (see Operational Instruction 20.1). Clearance means the killing, destruction or removal of vegetation; severing of branches limbs, stems or trunks; burning or any other substantial damage Area above the road or rail that should be clear of obstructions at all times to allow the safe passage of legal dimension vehicles (Road Traffic Act 1961) and the safe use of electrified and non-electrified rail lines. Refer to section 4.2.1 and 4.2.2 for more details. An area kept free of non-frangible objects (including trees) that present a hazard to errant vehicles. A plant listed by a Natural Resources Management Board as a declared pest plant under the Natural Resources Management Act 2004. Landowners, including government agencies, are required to control declared pest plants. Documentation of the process for the orderly and systematic evaluation of the environmental impact of all projects, including alternatives and objectives and the effects on the environment including the mitigation and management of those effects. Native or exotic species that invade and degrade native vegetation. External approvals Approvals from external authorities to meet the requirements of the Aboriginal Heritage Act 1988, Heritage Act 1993, Environment Protection and Biodiversity Conservation Act 1999, Development Act, 1993 and Native Vegetation Act 1991. Hazard Internal approvals Knet Low Impact Method NAMO principles Native Vegetation Non-frangible vegetation Something that has the potential to cause harm. In the context of the department s activities, harm is generally regarded as bodily harm (death or serious injury), and damage to property. Approval from the Manager, Project Delivery, Senior Environmental Management Officer or Regional Environmental Officer in accordance with the Vegetation Removal Policy. Internal approvals may be a delegated approval under the Native Vegetation Act. The department s electronic records management system A low impact method of vegetation clearance means selective control of tall growing species (eg. cut and swab or spot spraying) or mowing to ensure impacts are minimised A set of principles that should be considered in the decision making process in order to minimise or avoid impacts on biodiversity or vegetation. They include: N Ensure no loss A Avoid clearance M Minimise the impacts of clearance O Offsetting any clearance Plants of a species indigenous to South Australia including: plants growing in or under waters of the sea; dead trees with trunk diameter >600mm, measured at 300mm above natural ground level, which provide habitat for threatened species listed under EPBC Act. Also includes native vegetation planted to comply with a condition of clearance approval under the Native Vegetation Act. Plant species with a stem diameter (at maturity) of 100mm or greater with rigid, large or sturdy stems which will not readily break, bend or crash upon impact by a typical passenger vehicle, and could be expected to inflict significant damage to the vehicle and possibly cause injury to vehicle occupants. Doc. Owner: Senior Environmental Management Officer Page 6 of 70

Project Impact Report/ Environmental Report Project Manager Pruning Regulated tree Vegetation Removal Policy For major projects the environmental impact assessment is included in the planning process and documented in the Project Impact Report or the Environment Report. Is responsible for the delivery and management of a project, including ensuring that vegetation removal approval has been obtained. See Vegetation Pruning A Regulated Tree is either: (a) a tree (within the designated area set out in Part 2, Section 6A(3) of the Development Regulations 2008) that has a trunk with a circumference of 2m or more or, in the case of trees with multiple trunks, that have trunks with a total circumference of 2m or more and an average circumference of 625mm or more, measured at a point 1 metre above natural ground level. NB. The measurement of the circumference of the trunks of a tree with multiple trunks is to be undertaken on the basis of the actual circumference of each trunk and without taking into account any space between the trunks. (b) a tree declared to be a significant tree by the relevant Development Plan (which has effect independently from the Development Regulations and exclusions below). but does NOT include any of the following: (i) trees located within 10m of an existing dwelling or existing in-ground swimming pool, other than a Eucalyptus or Willow Myrtle (Agonis flexuosa), measured from the base of the trunk of the tree (or the nearest trunk of the tree to the dwelling or swimming pool) to the nearest part of the dwelling or swimming pool at natural ground level. (ii) any tree of the following species: Acer negundo (Box Elder) Acer saccharinum (Silver Maple) Ailanthus altissima (Tree of heaven) Alnus acuminate ssp. glabrata (Evergreen Alder) Celtis australis (European Nettle Tree) Celtis sinensis (Chinese Nettle Tree) Cinnamomum camphora (Camphor Laurel) Cupressus macrocarpa (Monterey Cypress) Ficus spp. (Figs), other than Ficus macrophylla (Morton Bay Fig) located more than 15 metres from a dwelling Fraxinus angustifolia (Narrow-Leaved Ash) Fraxinus angustifolia ssp. oxycarpa (Desert Ash) Pinus radiata (Radiata Pine / Monterey Pine) Platanus x acerifolia (London Plane) Populus alba (White Poplar) Populus nigra var. italica (Lombardy Poplar) Robinia pseudoacacia (Black Locust) Salix babylonica (Weeping Willow) Salix chilensis 'fastigiata' (Chilean Willow, Evergreen Willow, Pencil Willow) Salix fragilis (Crack Willow) Salix X rubens (White Crack Willow, Basket Willow) Salix X sepulcralis var. chrysocoma (Golden Weeping Willow) Schinus areira (Peppercorn Tree) (iii) a tree belonging to a class of plants to which a declaration by the Minister under Chapter 8 Part 1 of the Natural Resources Management Act 2004 applies (iv) (v) (vi) a tree that may not be cleared without the consent of the Native Vegetation Council under the Native Vegetation Act a tree that has been planted as part of a woodlot, orchard or other plantation created for the purpose of growing and then harvesting trees or any produce a tree if the tree is located at a site where it is proposed to undertake development that has been approved by the State Coordinator-General for the purposes of the Affordable Housing Stimulus Package, other than where the site is a site where a State heritage place is situated. (NB. This exemption expires on 31 December 2014.) Doc. Owner: Senior Environmental Management Officer Page 7 of 70

Rail infrastructure Scarred trees Significant Environmental Benefit (SEB) Significant tree Travelled way Tree Vegetation Assessment Vegetation pruning Vegetation removal Vegetation safety survey Vegetation Survey Vegetation Removal Policy Facilities that are necessary to enable a railway to operate safely. This includes, but is not limited to (a) railway tracks and associated track structures; (b) service roads, signalling systems, communications systems, rolling stock control systems and data management systems; (c) notices and signs; (d) electrical power supply and electric traction systems; (e) associated buildings, workshops, depots and yards; (f) plant, machinery and equipment, but does not include (g) rolling stock; or any facility, or facility of a class, that is prescribed by the regulations not to be rail infrastructure Trees with markings or scars, which have been used by Aboriginal people to make canoes or other artefacts. A condition under the Native Vegetation Act that is set in response to approval for the clearance of native vegetation to compensate for the loss of vegetation in the local environment. A Significant Tree is either: (a) a tree declared to be a regulated tree by the regulations (ie it falls within the designated area, is not of a specified species, is not located 10m from an existing house or in-ground pool, is not Native Vegetation under the Act, and is not part of a plantation), which has a trunk with a circumference of 3m or more or, in the case of a tree with multiple trunks, has trunks with a total circumference of 3m or more and an average circumference of 625mm or more, measured at a point 1 metre above natural ground level; or (b) a tree declared to be a significant tree by a Development Plan (whether or not the tree is also declared to be a regulated tree, or also falls within a class of trees declared to be regulated trees, by the regulations). Note that a tree may also be declared to be a significant tree by the relevant Development Plan, and that declaration overrides the definition (and exclusions) in the regulations That portion of a carriageway ordinarily assigned to moving traffic, and exclusive of shoulders and parking lanes. For the purpose of this Policy, the department defines a tree as a plant with a butt diameter of 0.15 m or greater measured at 1 m above the natural ground level, or for multi-stemmed trees, with one or more stems with a butt diameter 0.1 m or greater measured at 1 m above natural ground level (see Table 3.2 for where this definition is applied). For Native Vegetation assessments, scattered trees are defined by the Scattered Tree Clearance Assessment guidelines as naturally occurring indigenous trees, usually two or more metres in height* that occur over little or no native understorey. * This can vary depending on the species and habit. In some instances trees < 2 m may be considered scattered trees, and some >2 m may still be classed as saplings. For significant trees and native vegetation (including dead trees), see above definitions. Documents the nature and significance of the existing vegetation potentially affected by a project. It is undertaken at the planning stage of projects to enable planning decisions to be made on the impact of options on the vegetation and habitat, in accordance with environmental requirements. A Vegetation Assessment is organised by Vegetation Services Unit. Pruning includes damaging or severing of roots and/or branches Removal includes mowing, slashing, grading, spraying or filling over vegetation. Documents potential roadside hazards including trees. The survey will indicate pruning and removal requirements for road safety purposes. Organised by Vegetation Services. Documents the nature and significance of the vegetation that is affected by the project and is required to be removed/pruned. It is undertaken at the detailed design stage of projects. A Vegetation Survey is organised by Vegetation Services Unit. Doc. Owner: Senior Environmental Management Officer Page 8 of 70

1 Introduction Vegetation Removal Policy The Vegetation Removal Policy outlines the responsibilities of the Department of Planning, Transport and Infrastructure (DPTI) in relation to activities affecting vegetation. The Policy provides the procedures for obtaining approvals associated with vegetation removal and outlines the requirements for remediation measures. Vegetation removal includes pruning, clearance or any other activity that impacts or causes the destruction of vegetation. This Policy applies to all departmental activities and/or departmental managed properties including road, marine and rail facilities. It does not apply to developer-funded projects or to work undertaken by service providers/authorities within the department s road or rail reserves. This Policy also forms the department s Standard Operating Procedure (SOP) approved by the Native Vegetation Council (NVC) under the Native Vegetation Act 1991 (NVA). 1.1 Background Remnant native vegetation Due to extensive clearing of native vegetation in the State s agricultural regions, transport corridors have become important refuge areas for the continued survival of the remaining vegetation. In some parts of the State only a fraction of the original native vegetation remains. Protecting the remaining native vegetation, particularly in transport corridors, is essential for the conservation and protection of our native fauna and flora species. Native vegetation has a number of other important functions including protecting water catchments and conserving topsoil. Planted vegetation Planted vegetation fulfils both functional and aesthetic roles in urban and rural environments. Street trees and other landscape plantings not only improve the visual amenity of our cities and towns but can also have important cultural or heritage associations (e.g. memorial avenues or trees planted to mark a special occasion). Landscape plantings provide screening between the road or rail and adjacent properties and provide shade for users of the transport system. Revegetation works can assist with erosion control, reduce weed invasion, provide habitat for native fauna and improve water quality in constructed wetlands or riparian corridors. Vegetation planted as Significant Environmental Benefit (SEB) offset for native vegetation is defined as native vegetation under the NVA. As such, it is to be treated as native vegetation under this policy, particularly with regard to approval and replacement rates. 2 Legislative and policy requirements 2.1 Policy Principles The State Government is committed to conserve, protect and enhance native vegetation in order to: prevent a further reduction of biological diversity and degradation of the land and its soil reduce the expanding impact of salinity improve aquatic ecosystems and water quality prevent further loss of fauna habitat. Doc. Owner: Senior Environmental Management Officer Page 9 of 70

The department supports and contributes to State and Commonwealth strategies for the protection of biodiversity whilst providing a safe and efficient transport system. These strategies include: The National Strategy for the Conservation of Australia s Biodiversity The South Australian Strategic Plan Regional Biodiversity Plans State and Regional Natural Resource Management Plans Vegetation protection objectives Through the development, maintenance and operation of the transport system the department undertakes to meet the following objectives: to comply with all relevant legislation to avoid or minimise the loss of native vegetation and other significant vegetation whilst providing a safe operating environment for users of the system to ensure that there is no net loss of vegetation associated with its activities, and where possible, or when legally required, provide a significant environmental benefit. 2.2 Legislative requirements Any vegetation removal by the department must be in compliance with the following legislation: Native Vegetation Act 1991 Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth) Development Act 1993 Aboriginal Heritage Act 1988 Local Government Act 1999 Highways Act 1926 Natural Resources Management Act 2004 Rail Commissioner Act 2009 Native Vegetation Act 1991 In South Australia, native vegetation is protected by the NVA. The Act is administered by the NVC with the support of the Native Vegetation Secretariat and the Native Vegetation Assessment Panel (NVAP). The NVA applies to the clearance of terrestrial and marine native vegetation in all areas of the state, except defined parts of the Adelaide metropolitan area. It applies to the Hills Face Zone and areas designed as part of the Metropolitan Open Space System (MOSS). Clearance of native vegetation is prohibited unless approved by the NVC in accordance with Section 29 of the Act or undertaken in accordance with a Regulation (or exemption) under the Act. Many of the Regulations require that clearance is undertaken in accordance with a SOP or a Management Plan that has been approved by the NVC. The Vegetation Removal Policy forms the department s SOP approved by the NVC. The Policy provides the procedures for obtaining approvals associated with vegetation removal and outlines the requirements for remediation measures. An application to clear vegetation must include a description of the vegetation to be impacted and, where an offset is required, the method of delivering the offset. For further information refer to Appendices A, B and C, and the NVC website. Doc. Owner: Senior Environmental Management Officer Page 10 of 70

Link to NVC website: http://www.environment.sa.gov.au/about-us/boards-and-committees/native_vegetation_council Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth) The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any action which is likely to have a significant impact on a Matter of National Environmental Significance. There are nine Matters of National Environmental Significance that act as triggers for the Commonwealth assessment and approval process. Matters potentially affecting vegetation include: World heritage properties Nationally Threatened Species and/or Ecological Communities Wetlands of international importance i.e. Ramsar Wetlands Migratory Species National Heritage Places Commonwealth marine areas Approval may be required if species or places listed under the Act are affected. The species and places listed under the EPBC Act are listed on the Department of the Environment (DoE) website. For the purpose of maintenance activities Section 43B of the EBPC Act should be considered. Under Section 43B if the impacts are not considered significant and the action is a lawful continuation of use of land continuing immediately before commencement of the Act (16 July 1999) works do not require consent with the exception of enlargement, expansion or intensification of use (#5601529). Link to DoE website: http://www.environment.gov.au/epbc/index.html The approval process under the EPBC Act will vary depending on the nature of the project and the level of assessment required. For more information refer to Appendix D and the department s Guide to Matters of National Environmental Significance on the Environment Group website. Link to Environment Group website: http://www.dpti.sa.gov.au/documents/environment Development Act 1993 The Development Act 1993 requires that approval be sought prior to removing or damaging Regulated trees (including Significant trees) in an area subject to the Act or for any development that will affect a registered State Heritage Place. A State Heritage Place may include a garden or trees. Approval is required from the Development Assessment Commission (DAC). DAC approval to impact a Regulated tree is not required in some circumstances (internal approval still required): 1. Schedule 3(17) of the Development Regulations specifically excludes certain tree damaging activities from the definition of development (and therefore from the requirement to gain DAC approval). No approval is needed to impact a Regulated Tree (including a Significant Tree) in the following circumstances: (a) the tree is within 1 of the following species of trees: Melaleuca styphelioides (Prickly-leaved Paperback) Lagunaria patersonia (Norfolk Island Hibiscus); or (b) the tree is within 20 metres of a dwelling in a Bushfire Protection Area identified as Medium Bushfire Risk or High Bushfire Risk in the relevant Development Plan; or (c) the tree is on land under the care and control of the Minister who has primary responsibility for the environment and conservation in the State; or (d) the tree is on land under the care and control of the Board of the Botanic Gardens and State Herbarium; or (e) the tree is dead. For more information refer to Appendix E, the Cultural Heritage Guidelines or the Planning Division website. Doc. Owner: Senior Environmental Management Officer Page 11 of 70

2. Section 20(5) of the Highways Act states that the Development Act does not apply to land that has been acquired under Section 20 of the Highways Act, except in relation to a State Heritage place or where the land acquired is to be used for the purposes of a lease or licence granted in respect of a road that vests, or land that remains vested in the Commissioner under S21A of the Highways Act. As such, therefore there is no requirement to seek approval to damage a Regulated Tree. A Crown Development application form is included in Appendix F. Aboriginal Heritage Act 1988 Aboriginal sites, objects and remains are protected under the Aboriginal Heritage Act 1988. Section 23 of the Act makes it an offence to damage, disturb or interfere with any Aboriginal site, object or remains without the prior authority of the Minister for Aboriginal Affairs. Aboriginal "scarred trees" and "canoe trees", including dead trees, are sites of Aboriginal significance and therefore may not be pruned or removed without prior approval under the Act. For more information refer to the Cultural Heritage Guidelines (Knet# 1093752) Local Government Act 1999 Within local government districts, public roads are vested in the local council. The Commissioner of Highways may assume care, control and management of part or all of the road by virtue of the provisions of the Highways Act 1926 (Section 26 notice or Section 30A declaration). Section 221 of the Local Government Act requires that a person without some other statutory authority (e.g. Section 26 notice) must not make an alteration to a public road unless authorised to do so by the council. This includes planting a tree or other vegetation, interfering with vegetation, or removing vegetation. Highways Act 1926 The Commissioner of Highways may assume care, control and management of part or all of the road by virtue of the following provisions of the Highways Act 1926: a notice pursuant to Section 26(3) (only that part of the road defined in the notice itself and relevant portions of Operational Instruction 20.1), or a declaration proclaimed by the Governor pursuant to Section 30A that any road or part of any road or land acquired by the Commissioner is a controlled-access road. Under Section 26 of the Highways Act, the Commissioner of Highways assumes some of the powers and responsibilities given to councils under Part 2, Chapter 11 of the Local Government Act 1999 in relation to roads under the Commissioner s care, control and management. This may include the council s powers under Section 221 of the Local Government Act 1999 to make alterations to a public road, including planting a tree or vegetation or interfering with/removing vegetation on/from the road. In determining whether the Commissioner of Highways has responsibility for maintaining vegetation along roads it is necessary to check the relevant Section 26 Notice and refer to Operational Instruction 20.1 Care, Control & Management of Roads by the Commissioner of Highways. On a limited number of roads the Commissioner has assumed responsibility for managing the full width of the road (e.g. SE Freeway). Section 26A of the Highways Act 1926 enables the Commissioner to remove or cut back any tree or vegetation on or overhanging a road under the Commissioner s care, control and management, or an adjoining portion of road, for the purposes of road safety. However, all other legislative requirements (discussed above) must also be satisfied prior to any vegetation removal. Rail Commissioner Act 2009 Under Part 2, Division 3, Section 10 of the Rail Commissioner Act, the Rail Commissioner may, subject to the approval of the Minister for Transport, carry out such works as the Commissioner thinks fit in relation to the construction, commissioning and maintenance of rail infrastructure. This gives the Commissioner the power to carry out works, including the maintenance of vegetation. More specifically, Part 2, Division 3, Section 9(1)(c) of the Rail Commissioner Act provides that the Rail Commissioner may remove or cut back any tree or other vegetation on or overhanging rail infrastructure. This includes instances where the overhanging vegetation is growing on private land - under S 8(1)(d) a person authorised by the Rail Commissioner may Doc. Owner: Senior Environmental Management Officer Page 12 of 70

enter rail premises or any other land or premises to do any thing necessary for the performance of the functions or the exercise of the powers of the Commissioner (including removing vegetation). However, notification must be given in accordance with S 8 of the Act prior to entering the land. It should be noted that rail infrastructure does not include the whole rail corridor it is defined in the Rail Safety Act 2007 as the facilities that are necessary to enable a railway to operate safely and includes, but is not limited to (a) railway tracks and associated track structures; (b) service roads, signalling systems, communications systems, rolling stock control systems and data management systems; (c) notices and signs; (d) electrical power supply and electric traction systems; (e) associated buildings, workshops, depots and yards; (f) plant, machinery and equipment, but does not include (g) rolling stock; or (h) any facility, or facility of a class, that is prescribed by the regulations not to be rail infrastructure As with the Highways Act, it may also be necessary to seek approval under the Native Vegetation Act, Development Act or EPBC Act. Natural Resources Management Act 2004 The Natural Resources Management Act 2004 promotes sustainable and integrated management of the State's natural resources, making provisions for the protection of the State's natural resources. This Act lists noxious weeds and provides for their control. 3 Approval requirements This section provides a guide for determining vegetation clearance approval requirements in relation to common departmental activities affecting vegetation. Figure 3.1 below summarises the process for identifying and obtaining vegetation removal approval, both internal and external. Where approvals to remove vegetation are required, a request should be submitted via a Vegetation Removal Request Form 1 (Knet # 8558923 refer Appendix G) to the Senior Environmental Management Officer (SEMO) for endorsement. Details of the vegetation type, quality and value should accompany the form and are usually documented in a Vegetation Survey or Vegetation Assessment, depending on the type of works. Table 3.2 details approval requirements by legislation and activity type for works involving vegetation clearance. The table identifies when approval is required, the relevant approving authorities (both internal and external) and whether any replacement or remediation work is required as a condition of approval. More than one legislative approval may be required for the removal of vegetation and as such the whole table should be consulted. Where an activity is not covered in the table, advice on approval requirements should be sought from the SEMO. Endorsement shall be sought from the relevant Local Government Authority prior to vegetation removal, except where the vegetation is to be removed from the department s controlled access roads. 1 Note: If a vegetation survey has been prepared and documented by DPTI Vegetation Services, the Vegetation Removal Request Form will be attached to the survey Doc. Owner: Senior Environmental Management Officer Page 13 of 70

Figure 3.1 Procedure for obtaining vegetation removal approvals Vegetation Removal Policy Are any approvals required? Check Table 3.2 to determine all internal and external approval requirements Internal Approval required External Approval Required (NVC Secretariat, NVAP, DAC, MAA) No approvals required Seek advice on approval requirements from SEMO Submit internal vegetation removal request form to SEMO (only for approvals by SEMO and MPD.) SEMO to obtain DPTI approvals Seek advice on approval requirements from SEMO Submit internal vegetation removal request (including external Legislative application(s)) to SEMO ) SEMO to obtain DPTI approvals No further action SEMO to forward approval advice to EO and PM EO to send legislative application to external approval authority PM to implement approval conditions SEMO to forward approval advice to EO and PM PM to implement approval conditions Doc. Owner: Senior Environmental Management Officer Page 14 of 70

Table 3.2 Legislative and Approval requirements (Note: All sections of the table should be reviewed to determine all approval requirements) NATIVE VEGETATION [Native Vegetation located in an area subject to the Native Vegetation Act, 1991 (NVA) see Knet #4312545 for map] ACTIVITY VEGETATION DESCRIPTION Impact Level (Note: Where Impacts are mixed then Area AND Scattered Tree criteria shall apply to ascertain the Impact Level) IMPACT, APPROVAL AUTHORITY & SEB/OFFSET REMOVAL Vegetation Removal Policy MAJOR PRUNE (No Approvals or offsets for Minor Pruning) 1 Approval SEB/Offset Approval SEB/Offset NEW WORKS (refer to Section 4.1 for a description) MAINTENANCE (refer to Section 4.3 for a description) Where Pruning 1 or Removal is associated with the following activities: Infrastructure Construction or Demolition for Roads, Rail, Marine & Property (including Buildings). Other new works including installation of: o o o o o o o o Signs, fences 2, railings, barriers, gates, safety cameras traffic control devices, traffic islands or parking bays infrastructure lighting including conduit trenching Rail electrical infrastructure including gantries, substations etc amenities or equipment culverts bridges shoulder sealing. Non-frangible trees/vegetation located in the road reserve which pose a HAZARD but do NOT meet the Regulation 5(1)(lb) Category 1 or 2 requirements (e.g. trees close to the road but outside the Clearance Envelope and/or within the designated clear zone). Construction of new Borrow Pits, Campsites & Dams OUTSIDE unincorporated areas. Where Pruning 1 or Removal is associated with the following activities: Construction of new Borrow Pits, Campsites & Dams WITHIN unincorporated areas. Scattered Trees and/or Areas Notes A vegetation area must contain at least 5 % native vegetation in the association. Less than 5 % is considered highly disturbed and does not require native vegetation removal approval or SEB* unless it contains state or nationally threatened species. *No SEB requirement for highly disturbed areas, as per Native Vegetation Council Handbook Policy No. 1.2.11: Priorities for set-aside areas This includes Dead Trees with a trunk circumference equal to or greater than 1 m (for trees on Kangaroo Island) or 2 m (for all other trees) measured at 300 mm above natural ground level AND provides habitat for threatened species listed under the EPBC Act. Dead trees that meet the size requirements above but that don t provide habitat for EPBC listed species, are not considered to be Native Vegetation under the NVA. PRUNING 1 OR REMOVAL UNDER REGULATION 5(1)(lb): SEE SECTION 4 FOR FURTHER INFORMATION ON WHAT ACTIVITIES FALL UNDER REGULATION 5(1)(lb) Category 1: Clearance* for the establishment of safe sight lines and sight triangles at road intersections and rail crossings. Area *Clearance consistent with Austroads Guide to Road Design: Part 4: Intersections and Crossings-General 2009, and AS 1742.7:2007 Manual of uniform traffic control devices, Part 7: Railway Crossings. Category 2: Clearance of non-frangible trees/vegetation in the road reserve that present a HAZARD to errant vehicles leaving the road. o o o On sealed roads with a speed limit of 80 km/hr: clearance within 2 m from edge of travelled way AND NAMO principles have been applied. On sealed roads with a speed limit of >80 km/hr: clearance within 3 m from edge of travelled way AND NAMO principles have been applied. On unsealed roads: clearance up to 2 m either side of the edge of the grader line (capped at a total width including the travelled way itself of up to 12 m) AND NAMO principles have been applied. Category 3: Clearance beyond Category 1 and Category 2 zones. PRUNING 1 OR REMOVAL [Excluding Regulation 5(1)(lb)]: Where Pruning 1 or Removal is associated with the following activities: Maintaining Clearance Envelopes Maintenance/protection and repair of infrastructure only if undertaken in accordance with the department s Maintenance Specification and this Vegetation Removal Policy Maintaining appropriate sight distance to signs/ signals, hazards and around curves to ensure drivers travelling at posted speeds have sufficient time to react (road and rail) Maintaining safe intersection sight distance (road and rail) Property maintenance, including replacement of existing fences 2 Where Vegetation is: causing damage to infrastructure (or rendering infrastructure unable to function as required), or structurally unsound and poses a real safety risk to person or property Emergency Works o o Urgent works to remove or rectify an immediate hazard &/or To repair/protect transport infrastructure in an emergency situation Marine Maintenance Controlling Regrowth in the following situations: Level 0 (insignificant impact) Area less than 200 m 2 (0.02 ha) Level 1 (minor impact) Area between 200 m 2 (0.02 ha) and 0.5 ha (inclusive) AND/OR Scattered Trees - up to and including 20 trees Level 2 (medium impact) Area more than 0.5 ha and less than or equal to 1.5 ha AND/OR Scattered Trees - between 21 and 50 trees Level 3 (major impact) Area more than 1.5 ha AND/OR Scattered Trees 51 or more trees Level 1 (minor impact) Area unspecified (refer Section 4.1 for conditions & Appendix H for map of unincorporated areas) SEMO Not Required unless impact deemed to be significant (2:1 offset, SEMO discretion) 7 N/A N/A MPD Refer Table 6.1 MPD Refer Table 6.1 MPD & NVC Secretariat Level 1, 2 and 3 impacts MPD 3 Level 1 (minor impact) Area up to and including 0.5 ha AND/OR Scattered Trees - up to and including 20 trees Level 2 (medium impact) Area more than 0.5 ha and less than or equal to 1.5 ha AND/OR Scattered Trees - between 21 and 50 trees Level 3 (major impact) Area more than 1.5 ha AND/OR Scattered Trees 51 or more trees Pruning vegetation or controlling regrowth within the clearance envelope Removing regrowth in drains and culverts, around road/ railside fixtures and related infrastructure Removing regrowth to the outer edge of shoulder and in turnouts, drains and culverts; in areas where clearance for sightlines and sight-triangles has previously been established; and designated stacking sites, borrow pits, campsites, dams, cliffs/cuttings etc if undertaken in accordance with Maintenance Specification and this Vegetation Removal Policy Acacia longifolia (Coastal Wattle) may be pruned up to an additional 2.0m beyond the defined clearance envelope. Clearance of Coastal Wattle to the property boundary can be undertaken in the South East Natural Resources Management Board Region under Regulation 5(1)(zj) in accordance with the requirements of the Native Vegetation Council s Native Vegetation Information Sheet 20 Trees with trunk diameter equal to or greater than 150 mm, or 100 mm for multi-stemmed, measured at 1m above the natural ground level. Trees, including dead trees, which have a trunk diameter equal to or greater than 150 mm, or 100 mm for multi-stemmed, measured at 1 m above the natural ground level AND provide habitat for threatened species listed under the NPW Act. No approval or offset is required for any other dead vegetation. Removal of trees (including dead trees) with trunk diameter equal to or greater than 150 mm, or 100 mm for multi-stemmed, measured at 1 m above the natural ground level, except for an Aboriginal culturally modified tree. Dredging undertaken on behalf of the Minister for Transport for the purpose of maintaining a safe navigable channel, including the disposal of dredge spoil. Refer Table 6.1 MPD & NVC Secretariat Refer Table 6.1 MPD & NVC Refer Table 6.1 MPD & NVC Refer Table 6.1 MPD Refer Table 6.1 N/A N/A 2:1 (SEB not required under NVA) MPD 3 2:1 (SEB not required under NVA) MPD & NVC Secretariat 3 MPD & NVC 3 MPD & NVC 3 Not Required (As long as a Low Impact Method 4 is used) SEMO 2:1 (SEB not required under NVA) 2:1 (SEB not required under NVA) SEB may be required - refer Section 4.3.4. and Table 3.4 If not, Offset 2:1 MPD 3 MPD 3 MPD & NVC Secretariat 3 MPD & NVC 3 MPD & NVC 3 Not Required Not Required Not Required Not Required SEB may be required - refer Section 4.3.4. and Table 3.4 If not, no Offset Not Required Not Required Not Required Not Required unless impact deemed to be significant (2:1 offset, SEMO discretion) 8 Not Required Not Required SEMO 2:1 Not Required Not Required Approval Maintenance Officer or DPTI Officer (advise SEMO after removal) SEMO SEB may be required - refer to Section 4.3.8 and Table 6.1 N/A SEB/Offset Not Required N/A 1 Pruning: removal of limbs or severing roots not affecting the health of the vegetation (eg less than 10%) is considered minor and does not require approval, except when pruning a site of Aboriginal significance. 2 Native vegetation clearance exemptions for construction or maintenance of a boundary fence abutting a road reserve are covered under NV Regulation 5(1)(y). In accordance with the DEWNR Guidelines for the Management of Roadside Vegetation, no offset is required to remove trees growing on the actual fence alignment or branches protruding over/through a fence. Where shrubs/ bushes are growing through a fence, those plants in the road reserve growing within1 m of the fence line may be removed without offset. Local Council consent (as well as standard DPTI internal approvals) is still required. 3 Person gazetted by the Minister for Sustainability, Environment and Conservation to approve clearance under Regulation 5(1)(lb). The Manager, Project Delivery of DPTI (or successor) was declared by notice in the SA Government Gazette dated 14 May 2015 to approve the clearance of native vegetation necessary to protect public safety under regulation 5(1)(lb). See Knet #9557425 for a copy of the letter and gazette notice. 4 Low Impact Method: Refer to Section 4.3.5 for a definition of low impact method Doc. Owner: Senior Environmental Management Officer Page 15 of 70

Table 3.2 Legislative and Approval requirements (Continued) Vegetation Removal Policy DEVELOPMENT ACT, 1993 5,6 (Note : the Native Vegetation Act normally** takes precedence over the Development Act, therefore vegetation which is covered by both Acts only requires approval under the NVA) Pruning or removing vegetation incidental to: New works (refer Section 4.1) Maintenance (refer Section 4.2) Approval is required if pruning or removing: ACTIVITY A Regulated or Regulated Significant Tree as described under the Act Vegetation that forms part of a setting of a State Heritage Place or is listed on the State Heritage Register and/or the local Government Development Plan DESCRIPTION ENVIRONMENT PROTECTION & BIODIVERSITY CONSERVATION ACT, 1999 7 (EPBC Act) Pruning 1 or removing vegetation subject to the EBPC Act incidental to: New works (refer Section 4.1) Maintenance (refer Section 4.2) Approval required if the pruning 1 or removal has a significant impact on a Matter of National Environmental Significance, as listed under the EPBC Act., including: Nationally Threatened Species and/or Ecological Communities Wetlands of international importance i.e. Ramsar Wetlands Migratory Species National Heritage Places Commonwealth marine areas ABORIGINAL HERITAGE ACT, 1988 REMOVAL MAJOR PRUNE/IMPACT Approval Offset Approval Offset Regulated Tree MPD and DAC 2:1 MPD and DAC Not Required Regulated Significant Tree MPD and DAC 3:1 MPD and DAC Not Required Dead Tree (meeting DAC size requirements) N/A N/A N/A N/A APPROVAL MPD and Minister for Environment (Commonwealth) OFFSET Not required under EPBC Act NVA requirements apply Pruning 1 or removing vegetation subject to the Aboriginal Heritage Act incidental to: New works (refer Section 4.1) Maintenance (refer Section 4.2) Approval required if pruning or removing: A site of Aboriginal significance, e.g. a culturally modified tree such as a scarred tree or a canoe tree, including dead trees for any works (including emergency works) APPROVAL MPD and MAAR (before removal) WEEDS & OTHER SELF-SEEDED VEGETATION (Natural Resources Management Act, 2004 & DPTI Environmental Weeds List) Pruning 1 or removing vegetation that is a declared plant under the NRM Act or a DPTI listed environmental weed or self-seeded vegetation (excluding native vegetation) Internal Approval is required only for trees with trunk diameter equal to or greater than 150 mm, or 100 mm for multi-stemmed, measured at 1 m above the natural ground level. (If smaller diameter, no approval or offset is required). NEW WORKS Approval EO Offset Not Required OFFSET Refer Table 6.1 AAR may specify additional requirements as part of approval MAINTENANCE Approval EO Offset Not Required Additional approvals, and an offset, are required for a declared plant under the NRM Act or a DPTI listed environmental weed in the following circumstances: Vegetation listed on SA Heritage Register and/or Local Government Development Plan Vegetation part of an amenity planting, including windbreaks &/or Adverse public opinion may be raised, including Local Government Approval MPD & DAC Offset 1:1 Approval SEMO Offset 1:1 Approval MPD Offset 1:1 Approval MPD & DAC Offset Not Required Approval SEMO Offset Not Required Approval MPD Offset Not Required Pruning 1 or removing of any dead trees or plants, which are declared under the NRM Act; or a DPTI listed environmental weed; or self-seeded vegetation (excluding native vegetation) require no approvals or offsets. AMENITY VEGETATION Pruning 1 or removing of amenity vegetation incidental to New Works (refer Section 4.1) Pruning 1 or removing of amenity vegetation incidental to Maintenance (refer Sections 4.2 & 4.3) Pruning 1 or removing of amenity vegetation incidental to Emergency Works The vegetation is part of an amenity planting, including windbreaks. All amenity vegetation, regardless of size, requires approval and an offset. Additional approvals are required for amenity vegetation if adverse public opinion (including Local Government) may be raised Amenity Vegetation Examples: is structurally unsound and poses a real safety risk to person or property; is causing damage to infrastructure; is in sight lines; is in the Clearance Envelope; is assessed as an non-frangible road side hazard outside the Clearance Envelope Urgent works to remove or rectify an immediate hazard &/or to repair/protect transport infrastructure in an emergency situation Pruning 1 or removing of any dead amenity vegetation and/or any self-seeded plants originating from amenity vegetation requires no approvals or offsets. Approval SEMO Offset - Area - 1:1 Approval - MPD Approval SEMO Approval Maintenance Officer or DPTI Officer (advise SEMO after removal) Plants 1:1 Offset Not Required unless impact deemed to be significant (2:1 offset, SEMO discretion) 7 NATIVE VEGETATION NOT SUBJECT TO THE NATIVE VEGETATION ACT (e.g. remnant trees outside NVA area) Pruning 1 or removing of vegetation incidental to New works (refer Section 4.1) Pruning 1 or removing of native vegetation incidental to Maintenance (refer Sections 4.2 & 4.3) Pruning 1 or removing of native vegetation incidental to Emergency Works The area of native vegetation being removed is < 200 m 2 No Approval No Offset The area of native vegetation being removed is equal to or greater than 200 m 2 The native tree has a trunk diameter equal to or greater than 150 mm, or 100 mm for multi-stemmed, measured at 1 m above the natural ground level. Additional approvals are required for native vegetation if adverse public opinion (including Local Government) may be raised The native tree has a trunk diameter equal to or greater than 150 mm, or 100 mm for multi-stemmed, measured at 1 m above the natural ground level and (for example) is structurally unsound and poses a real safety risk to person or property; is causing damage to infrastructure; is in sight lines; is in the Clearance Envelope; is assessed as an non-frangible road side hazard outside the Clearance Envelope Removing a native tree with trunk diameter equal to or greater than 150 mm, or 100 mm for multi-stemmed, measured at 1 m above the natural ground level, except for an Aboriginal scarred tree or canoe tree Pruning 1 or removing dead native trees (not subject to NVA), which have a trunk diameter equal to or greater than 150 mm, or 100 mm for multi-stemmed, measured at 1 m above the natural ground level AND provides habitat for threatened species listed under the NPW Act Pruning 1 or removing of all other dead native trees/plants (not subject to NVA) requires no approvals or offsets. Approval SEMO Offset - Area - 2:1 Approval - MPD Approval SEMO Approval Maintenance Officer or DPTI Officer (advise SEMO after removal) Plants 2:1 Offset Not Required unless impact deemed to be significant (2:1 offset, SEMO discretion) 8 Approval SEMO Offset 2:1 5 The Development Act does not apply to land that has been acquired under S20 of the Highways Act 1926, except as described in Section 2.2 of this document 6 In the context of Regulated or Significant Trees (as defined in the Development Act 1993), pruning does not constitute a tree-damaging activity (and therefore does not require DAC approval) when o the root system is pruned such that the health or stability of the tree will not be impacted; or o less than 30% of the tree crown is removed AND pruning is undertaken to remove:- o dead/ diseased wood, or o branches that pose a material risk to a building, or o branches to a tree that is located in an area frequently used by people and the branches pose a material risk to such people Internal approval is still required when pruning more than 10% of a tree crown. DAC should be notified retrospectively of urgent works in relation to a Regulated or Significant tree, including works to those considered dangerous or structurally unsound. The tree damaging activity must be undertaken to cause the minimum amount of damage to the tree, i.e. only prune to make it safe. Only remove the whole tree without prior approval if it can t be made safe via pruning. **If a Local Government Council declares in its Development Plan a tree to be Significant, which is also covered by the Native Vegetation Act, both Acts may apply. DAC approval is still needed to impact these Local Council declared Regulated/Regulated Significant trees even if the activity is permitted/approved under the Native Vegetation Act. 7 In the context of Maintenance, Part 9 Section 43B(1) of the EPBC Act should be considered. If the impacts are not considered significant and the action is a lawful continuation of use of land continuing immediately before commencement of the Act (16 July 1999) works do not require consent with the exception of enlargement, expansion or intensification of use (#5601529). 8 Refer to Section 6 for a description of when SEMO discretion would apply a 2:1 offset. AAR: Aboriginal Affairs and Reconciliation, SA Department of State Development DAC: Development Assessment Commission DEWNR: Department of Environment, Water and Natural Resources (SA) EO: Environment Officer (DPTI) MAAR: Minister for Aboriginal Affairs & Reconciliation MPD: Manager, Project Delivery (DPTI) NPW Act: National Parks and Wildlife Act 1972 NVC: Native Vegetation Council NV Regulations: Native Vegetation Regulations 2003 SEMO: Senior Environmental Management Officer (DPTI) includes Environmental Planning Coordinator NAMO: A set of principles that should be considered in the decision making process in order to minimise or avoid impacts on biodiversity or vegetation. They include: N Ensure no loss; A Avoid clearance; M Minimise the impacts of clearance; O Offsetting any clearance Doc. Owner: Senior Environmental Management Officer Page 16 of 70

3.2 Principles of clearance (under the Native Vegetation Act) Vegetation Removal Policy Removal of native vegetation is considered to be seriously at variance with the principles of clearance, under the NVA, if the vegetation to be removed is of particular importance. The principles cover issues including rare species, significant habitat, a high level of species diversity, significant amenity, etc. A full list of the principles of clearance and the Guidelines for assessing seriously at variance can be found in the Vegetation Survey Guideline VE 101 Knet #2418938 Where the clearance of vegetation occurs in accordance with the Native Vegetation Regulations 2003, the principles of clearance are not addressed. Table 3.3 Approval requirements for vegetation subject to the Native Vegetation Regulations 2003 Impact Level Level 0 (insignificant impact): Less than 0.02 ha native vegetation Level 1 (minor impact): Between 0.02 ha to 0.5 ha native vegetation (inclusive) and/or up to and including 20 native trees, and/or Regulation 5(1)(lb) Category 1 1, or Regulation 5(1)(lb) Category 2 1, or Clearance for borrow pits, campsites, bores and dams within the unincorporated areas 2 Level 2 (medium impact): More than 0.5 ha and less than or equal to 1.5 ha native vegetation and/or between 21 and 50 native trees 2, and/or Regulation 5(1)(lb) Category 2 Approval At the discretion of the SEMO as to whether approval or offset is required. Approval for clearance and significant environmental benefit by Manager, Project Delivery as the responsible authority under the Standard Operating Procedure under the Native Vegetation Act. No referral to NVC Secretariat. Note: Manager, Project Delivery is the delegated approval authority for all Regulation 5(1)(lb) Category 1 proposals, not limited by area or number of native trees. Joint approval for clearance and significant environmental benefit by Manager, Project Delivery and the NVC Secretariat. Level 3 (major impact): More than 1.5 ha native vegetation and/or 51 or more native trees, and/or Regulation 5(1)(lb) Category 2, or Regulation 5(1)(lb) Category 3 Joint approval for clearance and significant environmental benefit by Manager, Project Delivery and the NVC. 1 The Manager, Project Delivery of DPTI (or successor) was declared by notice in the SA Government Gazette dated 14 May 2015 to approve the clearance of native vegetation necessary to protect public safety under regulation 5(1)(lb). See Knet #9557425 for a copy of the letter and gazette notice. 2 Refer to Section 4.1 Doc. Owner: Senior Environmental Management Officer Page 17 of 70

4 Construction and maintenance activities The Department of Planning, Transport and Infrastructure carries out a variety of construction, demolition and maintenance activities associated with transport related infrastructure. This section summarises common departmental activities where vegetation clearance may be required as part of undertaking these works and associated approval requirements. All works should be planned to avoid or minimise impacts to native and other significant vegetation whilst still ensuring provision of a safe operating environment for users of the transport system. 4.1 New Works Infrastructure construction and demolition Vegetation is required to be removed for a variety of construction, reconstruction and demolition activities associated with road, rail, marine, property, buildings and any other departmental related infrastructure. Vegetation impacts should be identified as part of the environmental impact assessment of projects. Planning and design of projects should seek to avoid and/or minimise impacts to vegetation wherever feasible. Where vegetation is required to be removed for new works the approval requirements, as outlined in Table 3.2, relate to the level of impact and extent of clearance. Borrow pits, Campsites, Dams and Bores Within the unincorporated areas approval as per Level 1 (minor impact) provided that: sites are selected to avoid and/or minimise impacts to vegetation; time frame for the use of the borrow pit, campsite, dam or bore (e.g. for 15 years) is documented; and once no longer in use sites are remediated, as a minimum this should include that measures are taken to ensure adequate drainage or management (e.g. fencing) to avoid creation of watering points (where sites are retained that create watering points, approval from the pastoral board is required) the vegetation removal does not affect EPBC Act listed species The extent of unincorporated areas is shown in Appendix H. Borrow Pits, campsites, dams and bores outside the unincorporated areas or not meeting the above requirements require approval as per the normal impact categories, refer to Table 3.2. Other new works Vegetation may be required to be removed in association with a variety of activities on land owned, managed or worked on by the department, not associated with maintenance. Such activities include, but are not limited to: The installation of signs, fences, railings, barriers, gates or safety cameras The installation of traffic control devices, traffic islands or parking bays Landscaping, revegetation or beautification works Installation of road and infrastructure lighting, including conduit trenching The installation of rail electrical infrastructure including gantries and substations The installation of amenities or equipment on or adjacent to a road or railway for the use, enjoyment or protection of the public The installation of signs on or adjacent to a road for the use or benefit of the public Culverts Bridges Shoulder sealing Doc. Owner: Senior Environmental Management Officer Page 18 of 70

Approvals for these activities should be in accordance with Table 3.2., further advice and direction should be sought from the Senior Environment Management Officer. New works include the initial establishment of safe sight lines and sight triangles at road intersections and rail crossings. New works also include the initial removal of non-frangible trees/vegetation in the road reserve that pose a hazard. Subsequent removal of regrowth in the areas of sight lines and sight triangles etc is considered a maintenance activity, not new works. Declared plants and environmental weeds Declared plants and environmental weeds are often a significant threat to native vegetation. Declared plants are the plants listed in the Natural Resources Management Act 2004. They are primarily agricultural pests. Environmental weeds are exotic species that invade native vegetation. The DPTI Environmental Weeds list can be found at Knet# 1072172. Where removal of declared plants and environmental weeds is proposed, consideration should be given to potential community concerns as the plants may be of local community or heritage value, such as a memorial avenue. Consultation should occur with the relevant NRM board and local government. 4.2 Clearance envelopes - road 4.2.1 Tree removal or pruning within road clearance envelopes Vegetation control undertaken on roads in accordance with the Highways Act is outlined in Chapter 9 of the department s Operational Instruction 20.1: Care, Control and Management of Roads by the Commissioner of Highways (Section 26 of the Highways Act 1926). The document informs both departmental personnel and Councils of the standard management and maintenance activities that the department is required to undertake as well as those of Councils (as agents of the Commissioner on roads under the care, control and management of the Commissioner). The same road clearance envelope requirements for the safe passage of vehicles are replicated in both the Operational Instruction 20.1 and this policy. A clearance envelope across the full width of the traffic lanes is necessary to allow for the safe passage of legal height vehicles (4.6 m). To achieve this a range of clearance envelopes have been defined (outlined below). For the majority of the department s road network the standard clearance envelope is applied however there are a number of roads within the network that may be defined as a restricted clearance or a key or oversized route. The clearance of vegetation within the clearance envelope may be carried out without the need for approval with only a few exceptions. Where trees of high environmental, aesthetic or social significance are identified, exceptions may be applied to enable these trees to be retained within a defined clearance envelope. Pruning of larger diameter limbs encroaching into the clearance envelope will be undertaken in accordance with AS4373 Pruning of Amenity Trees, ie limbs will be pruned to the nearest growth point or collar outside the clearance envelope, to protect the tree from infection or disease and minimise the development of weakly attached growth. NOTE: clearance envelope definitions do not necessarily include provisions for vegetation clearance for maintenance around roadside furniture for sight distance and for repair or maintenance of infrastructure (drains, culverts, turnouts, stacking sites, borrow pits, campsites etc), These requirements are accounted for separately (see 4.3 Maintenance Activities ). Doc. Owner: Senior Environmental Management Officer Page 19 of 70

a) Standard clearance urban and rural highways Vegetation Removal Policy The Commissioner will maintain a vertical clearance (measured perpendicular to the road) of 4.6m extending, as a minimum, to the edge of travelled way. To ensure this is achieved vegetation may be cleared within an envelope 5.0m high extending to the edge of shoulder or as defined in the maintenance contract contract specific requirements. For kerbed roads the envelope will extend 0.5m beyond the face of kerb (as indicated in Figure 4.1) or as defined in the maintenance contract contract specific requirements. Figure 4.1 Standard vegetation clearance (kerbed and unkerbed) b) Restricted clearance mature vegetation At Council s request or where existing mature vegetation makes it impracticable to achieve the standard vegetation clearance, as is often the case in the Adelaide hills, the Commissioner will maintain a vertical clearance (measured perpendicular to the road) of 4.6m to the edge of the travelled way. To ensure this is achieved vegetation (with the exception of whole trees with a butt diameter >150mm) may be cleared within an envelope 5.0m high extending to the kerb or 1.0m beyond the edge of travelled way (as indicated in Figure 4.2). Areas where restricted clearance envelopes apply can be found in Knet document #8530395. Figure 4.2 Restricted clearance mature vegetation (kerbed and unkerbed) Doc. Owner: Senior Environmental Management Officer Page 20 of 70

c) Restricted clearance highways and dedicated parking Vegetation Removal Policy Where dedicated parking lanes or areas are adjacent to the travelled way, the Commissioner will maintain a vertical clearance (measured perpendicular to the road) of 4.6m to the edge of the travelled way only. To ensure this is achieved vegetation may be cleared within an envelope 5.0m high extending to the edge of travelled way (as shown in Figure 4.3). The trimming of the trees over the parking lane or area shall be the responsibility of Council unless agreed otherwise in writing with the Commissioner. d) Medians Less than 60 kph Figure 4.3 Restricted clearance - dedicated parking (minimum) The Commissioner will maintain a vertical clearance (measured perpendicular to the road) of 4.6m to the edge of travelled way. To ensure this is achieved vegetation on the median may be cleared to a height of 5.0m within 0.5m of the travelled way, and 2.5m within 1.0m of the edge of the travelled way or to the nearest tree trunk, whichever is the lesser (as indicated in Figure 4.4), and as necessary to allow reasonable access for mowing. Figure 4.4 Clearance over medians (less than 60kph) Doc. Owner: Senior Environmental Management Officer Page 21 of 70

Greater than 60kph Vegetation Removal Policy The Commissioner will maintain a vertical clearance (measured perpendicular to the road) of 4.6m to the edge of shoulder or face of kerb, as appropriate. To ensure this is achieved and to ensure adequate sight distance, vegetation on the median may be cleared to a height of 5.0m within 0.5m of the edge of the median shoulder or face of kerb (as indicated in Figure 4.5), or as defined in the contract specific requirements and as necessary to allow reasonable access for mowing. Figure 4.5 Clearance over medians (greater than 60kph) The department also maintains a network of routes that are suitable for over dimensional vehicles (these are vehicles that have been granted an exemption from the Road Traffic Act for the dimension limits specified in the vehicle standards). They are; Key Oversize Routes these are routes with a clearance envelope of 7.2m high and at least 9.0m wide; and General Oversize Routes these are routes with a clearance envelope of 6.5m high and at least 9.0m wide. The clearance envelopes for these routes are indicated in figures 4.6 and 4.7. Further information on heavy vehicle routes network maps can be accessed at DPTI KNet# 9236355.. f) General Oversize Vehicle Routes Where a designated General Oversize Route is maintained by the department, the Commissioner will provide for a vertical clearance (measured perpendicular to the road) of 6.5m and a minimum width of 9.0m. To ensure this is achieved vegetation may be cleared within an envelope 7.0m high and a minimum of 10.0m wide or as defined in the contract specific requirements (as indicated in Figure 4.6). Figure 4.6 Clearance requirements on General Oversize Vehicle Routes Doc. Owner: Senior Environmental Management Officer Page 22 of 70

f) Key Oversize Vehicle Routes Vegetation Removal Policy Where a designated Key Oversize Route is maintained by the department, the Commissioner will provide a vertical clearance (measured perpendicular to the road) of 7.2m and a minimum width of 9.0m. To ensure this is achieved vegetation may be cleared within an envelope 7.7m high and a minimum of 10.0m wide or as defined in the contract specific requirements (as indicated in Figure 4.7). Figure 4.7 Clearance requirements on Key Oversize Vehicle Routes g) Multiple use paths - sealed Vegetation control undertaken on multiple use paths (including veloways, shared use paths, cycle paths) is defined in accordance with Austroads Guide to Road Design Part 6a, Australian Standards 1742.2 Vertical Clearance to Obstructions and Vicroads Cycle notes #3. The clearance of vegetation within an envelope of defined height and width for the safe use of paths may be carried out without the need for approval. Works to maintain the clearance envelope must not exceed the original envelope approved for construction. Minimum clearance envelopes below must be kept clear at all times of vegetation that may present a hazard. Primarily the clearance envelope is for the safe passage of path users but consideration must also be provided for maintenance and emergencies. Minimum height of clearance envelope varies according to path users (from 2.5 m for cycles and pedestrians to 3.6 m for horse riders). Maximum height of the clearance envelope is 5 m. Minimum horizontal clearance from edge of seal is 0.5 m up to a maximum of 1 m. 5.0m maximum 5.0m max 2.5m to 3.6m 2.5m depending to 3.6m on user depending group on user type. up up to 1m to 1m Sealed path 0.5m + 0.5m up to 1m Figure 4.8 Clearance requirements for multiple use paths Doc. Owner: Senior Environmental Management Officer Page 23 of 70

h) Fast growing species Vegetation Removal Policy Coastal wattle is a fast-growing species that is prevalent on some roadsides in the South East. The practice of pruning coastal wattle beyond the defined clearance envelope to extend the time between maintenance pruning contracts has historically been undertaken by the Department. To allow for regrowth and extend the time between maintenance pruning, Acacia longifolia (Coastal Wattle) may be pruned up to an additional 2.0 m beyond the clearance envelope as defined in the Maintenance contract contract specific requirements. Pruning and removal of Coastal Wattle can be undertaken without approval and offset to the property boundary in the South East Natural Resources Management Board Region in accordance with the Native Vegetation Regulation 5(1)(zj), as long as it conforms to the requirements of the NVC Native Vegetation Information Sheet 20 (see Appendix H). i) Cut rock faces Tree roots can destabilise cut rock faces, causing rock falls onto roads. In order to maintain the stability of the rock face, the following clearance envelope applies. For designated cut rock faces on the department s register 2, the rock face itself and an area extending, as a minimum, to 2.0 m beyond the crest, is to be kept clear of non-frangible vegetation. To ensure this is achieved, vegetation clearance may extend a distance of 5.0 m beyond the crest of the rock face (as shown in Figure 4.9), or to the boundary of the road reserve if that occurs closer than 5.0 m from the crest. This only applies to plants with part or all of their trunks growing within 5.0 m of the crest, measured at ground level. Tree retained Remov al of shrub required 5.0m 2.0m Rock face clear of vegetation Travelled w ay 4.3 Maintenance activities Figure 4.9 Clearance requirements for cut rock faces The department carries out a variety of maintenance activities associated with: the maintenance of road, marine, rail, property and departmental building facilities transport assets and transport user safety maintenance of departmental properties. Removal of regrowth and seasonal vegetation growth (e.g. weeds, grasses) or growth of trees and shrubs may be required for maintenance/repair and protection of transport infrastructure and other departmental assets. 2 Refer to knet 8630631 for the register of rock faces in the Metropolitan region, or speak to SEMO for details of rock faces outside of the Metropolitan region. Doc. Owner: Senior Environmental Management Officer Page 24 of 70

4.3.1 Maintenance of road shoulders, turnouts, culverts and stacking sites Vegetation Removal Policy The Commissioner will extend the control of vegetation where required to ensure that regrowth within road shoulders, turnouts, culverts and stacking sites is controlled in accordance with the maintenance specification to enable: Road shoulders to be used safely by the road users Turnouts to adequately drain water away from the road Culverts and drains to move water under and away from the road Stacking sites to be used to store pavement/shoulder material 4.3.2 Maintenance or repair and protection of infrastructure Removal of regrowth is required to maintain and/or protect a variety of transport infrastructure, including, but not limited to: road and bridge infrastructure open drains and verges cut rock faces culvert headwalls and bridge abutments fences, railings, barriers or gates traffic control devices, safety cameras, traffic islands, parking bays or roadside rest areas landscaping, revegetation or beautification works infrastructure lighting amenities or equipment on or adjacent to a road for the use, enjoyment or protection of the public signs on or adjacent to a road for the use or benefit of the public The Commissioner will extend the control of vegetation where required to ensure roadside infrastructure is not obscured from approaching vehicles and to allow for maintenance and repair to protect infrastructure. To ensure this is achieved vegetation regrowth may be removed within 0.5 m around roadside infrastructure and as required for maintenance of sight distance to that roadside infrastructure (as indicated in Figure 4.10). Regrowth in proximity to infrastructure is controlled in accordance with the Maintenance Activity Zone documented in the Maintenance specification or as defined in contract specific requirements. Figure 4.10 Clearance around roadside infrastructure Doc. Owner: Senior Environmental Management Officer Page 25 of 70

4.3.3 Safe sight distance on road verges The Commissioner will extend the control of vegetation where required to control regrowth of vegetation at: Vegetation Removal Policy Junctions and intersections to allow for Approach Site Distance (ASD) and Safe Intersection Sight Distance (SASD), as described in the Austroads Guide to Road Design Part 3 Geometric Design (2009) and Austroads Guide to Traffic Engineering Practice: Part 5 Intersections at Grade. Railway crossings (in the road verge) to allow for sight distance requirements, as described in the Austroads Guide to Geometric Design on Rural Roads. No approval required for maintenance of regrowth in areas where clearance for sightlines and sight triangles has previously been approved. 4.3.4 Clearance for public safety Part of the department s work is undertaken for the purpose of maintaining or improving public safety. For example, removing non-frangible hazardous trees that are located close to the edge of travelled way. Native Vegetation Regulation 5(1)(lb) applies in certain circumstances to works undertaken to improve public safety. This is documented in the Framework for the Clearance of Native Vegetation under Regulation 5(1)(lb) Public Safety for Rail Crossings, Road Intersections and Roadsides. In relation to maintenance activities undertaken by the department, the following activities are in accordance with Regulation 5(1)(lb): Category 1: Clearance for the establishment of safe sight lines and sight triangles at road intersections and rail crossings Clearance must be consistent with Austroads Guide to Road Design: Part 4: Intersections and Crossings General (2009) or AS1742:2007 Manual of uniform traffic control devices, Part 7: Railway Crossings, to fall within this Category and to be exempt from the requirement to provide a SEB. Maintenance of regrowth within areas where clearance has previously been undertaken in accordance with Regulation 5(1)(lb) does not require approval, provided low impact methods are used. Calculation of sight lines and sight triangles should be based on the following: - distance from the driver s eye to the rail, while at a standstill is 5.0 m - height of driver s eye above the road is 1.1 m - height of train above the rails is 2.3 m Category 2: Clearance of non-frangible trees that present a hazard to errant vehicles leaving the road Clearance must be within the zones shown below, and only of non-frangible vegetation, to fall within this Category and be exempt from the requirement to provide a SEB: Sealed Roads 80 kms/hr up to 2 m from the edge of travelled way >80 kms/hr up to 3 m from the edge of travelled way Unsealed Roads Up to 2 m either side of the edge of the grader line (capped at a total width including the travelled way itself) of up to 12 m Category 3: Clearance beyond the Category 1 and 2 zones may be considered as a Category 3 impact if it falls within the scope of Table 3.4. Doc. Owner: Senior Environmental Management Officer Page 26 of 70

Table 3.4 Circumstances where native vegetation may be cleared under Regulation 5(1)(lb) Parameters defining SEB requirements Justification of risk to public safety Justification for the clearance of Native Vegetation Category 1 Sight distance line/triangles at intersections and rail crossings No supporting information required if consistent with Austroads Guide and (AS 1742) Yes justification is required. Consideration given to: Other safety improvement options Category 2 Clearance adjacent to edge of travelled way Vegetation Removal Policy Category 3 Clearance beyond category 1 and 2 zones No supporting information required. Yes supporting information is required to demonstrate why the native vegetation is a risk to public safety. Yes justification is required. Consideration given to: NAMO principles Other safety improvement options Yes justification is required. Consideration given to: NAMO principles Other safety improvement options SEB exempt activities Non-exempt activities Written approval requirements Reporting requirements Reference: NVC Framework for the Clearance of Native Vegetation under Regulation 5(1)(lb) Public Safety for Rail Crossings, Road Intersections and Roadsides (October 2012) Clearance of both frangible and non-frangible native vegetation (if required) for the establishment of safe sight lines at road intersections and rail crossings Clearance along sight lines should be limited to targeted removal of non-frangible native vegetation, and Depending upon the type of vegetation / biodiversity present within the sight triangle, trimming of understorey frangible native vegetation (if required) should be limited to a height that sustainably maintains the understory. Intersection realignment/modification Road widening activities Retrospective upgrade works New intersections The removal of both frangible and non-frangible native vegetation beyond approved sight distance line/triangle Manager, Project Delivery The road authority must complete the Category 1 Clearance Proposal Form under Regulation 5(1)(lb), and submit to Manager, Project Delivery for approval. Sealed Roads Removal of non-frangible native vegetation: 80kms/hr = up to 2 metres from the edge of travelled way >80kms/hr up to 3 metres from the edge of travelled way Unsealed Roads up to 2 metres either side of the edge of the grader line capped at a total width including the travelled way itself of up to 12 m The clearance of frangible native vegetation Where the physical structure is the hazard and the native vegetation is incidental to the obstruction Intersection realignment/modification Road widening activities Retrospective upgrade works New road works The removal of frangible and nonfrangible native vegetation beyond Category 2 zone Clearance approved under an NVC authorised delegate. The road authority must complete the Category 2 Clearance Proposal Form under Regulation 5(1)(lb), and submit to NVC for approval. Areas or activities beyond the scope of Category 1 and Category 2 but still present as a public safety concern, AND/OR Applies only to safety treatments which result in clearing: Less than 6 non-frangible scattered trees Less than 0.5 ha canopy area of non-frangible vegetation If the proposed safety treatments do not fall within this threshold, the SEB exemption (Regulation 5(1)(lb) will not apply. The applicant may wish to consider clearance under another Regulation e.g. 5(1)(h) Clearance of frangible native vegetation Where the physical structure is the hazard and the native vegetation is incidental to the obstruction Road widening activities Retrospective upgrade works Installation of safety cameras Weigh stations Clearance approved by NVC authorised delegate acting on recommendations by NVAP. The road authority must complete an Application to clear Native Vegetation under another Regulation e.g. 5(1)(h) Where a risk to public safety can be demonstrated, the road authority must complete the Category 3 Clearance Proposal Form under Regulation 5(1)(lb), and submit to NVC for approval. Doc. Owner: Senior Environmental Management Officer Page 27 of 70

A vigorous assessment of alternative options to reduce the hazard should be undertaken, in accordance with the NAMO principles (see below). Tree removal should only occur when all other treatment options have been exhausted or discounted. Please discuss with the SEMO whether your project can be assessed in accordance with Regulation 5(1)(lb). NAMO Principles: The NAMO principles are a set of principles that should be referred to in the decision making process in order to minimise or avoid impacts on biodiversity or vegetation. They are listed in order of most preferable to least preferable outcome (with clearance and offsetting being the last resort ), and should be applied in that order, ie: N No loss Try to locate and design the infrastructure in such a way that it will not have any impacts on vegetation or biodiversity. A Avoid clearance If you are unable to achieve No Loss, look for ways you can alter the location/ design/ construction method so as to avoid clearance of native vegetation. For example, investigate road realignment, or install guard rail/ wire rope barriers as an alternative to removing hazardous trees, use hand trenching in the critical root zone to avoid severing roots. M Minimise the impacts of clearance If there is no way you can avoid clearing native vegetation, look for ways you can minimise the impact of the clearance. For example, prioritise the retention of rare vegetation communities or important habitat over other less critical pieces of vegetation, retain hollows from felled trees to provide habitat, use low-impact methods, avoid unnecessary ground disturbance which would encourage weed colonisation, and avoid windrowing cleared vegetation. O Offset clearance If clearance is unavoidable, offset the loss of vegetation and biodiversity by undertaking revegetation or equivalent bush-care work. 4.3.5 Low Impact Method of Clearance A low impact method of vegetation clearance means selective control of tall growing species (eg. cut and swab or spot spraying) or mowing to ensure impacts are minimised. Where clearance is being undertaken as low impact method for maintenance activities, works (including access to the site) should ensure that vegetation disturbance is restricted to only that required to provide for safe sight distances or protection of infrastructure/property and is in accordance with the Maintenance Specification. No vegetation should be removed outside the Maintenance Activity Zone (refer Maintenance Specification). All tree pruning is to be undertaken in accordance with Australian Standard (AS) 4373-2007 Pruning of Amenity Trees. 4.3.6 Property maintenance Vegetation is controlled on land held for road, rail and marine purposes and any other land owned by the department, to: reduce the hazard of a fire maintain buildings and infrastructure (including fences) maintain landscaping and beautification works No approval is required if controlling reqrowth using low impact methods and minimum clearance is undertaken. 4.3.7 Emergency works Emergency works are those required to urgently rectify a significant hazard to users of the transport infrastructure (e.g. a tree that has been identified as unstable), and where there is insufficient time to seek prior internal approval for removal due to the imminent risk of personal injury or property damage. Vegetation shall be considered to be an immediate hazard if: there is an immediate danger that a tree or limb will fall because of disease, damage or any other cause; and there is a real risk of personal injury or damage to property if that occurs; and Doc. Owner: Senior Environmental Management Officer Page 28 of 70

Vegetation Removal Policy the state of the tree has been assessed by a person with expertise in the area of plant health, or by any other person acting in an emergency situation or in any other situation that gives rise to an immediate risk of personal injury or damage to property; and the clearance is confined to removing the limb or other part of the plant causing the danger and only extends to total removal of the tree if that is necessary to remove the existing immediate danger. (Note: Aboriginal culturally modified trees still require prior approval from the Minister for Aboriginal Affairs and Reconciliation). The SEMO should be advised of trees that have been removed. DAC should be notified as soon as possible if any Regulated or Significant trees have been removed or damaged to address an emergency situation, and a retrospective Development Application submitted in accordance with Section 54A of the Development Act 1993. Any tree damaging activity for emergency works on a Regulated or Significant tree must be undertaken to cause the minimum amount of damage to the tree. Prior to approval from DAC, only prune to make it safe. Whole tree removal is only to occur if the tree can t be made safe via pruning. Safety hazards outside the maintenance responsibilities of the department should be directed to the relevant Local Council. 4.3.8 Marine Maintenance The department has a responsibility to maintain a safe navigable passage for vessels to access marinas, boat ramps and boat harbours in South Australia. Dredging is sometimes required to maintain that access. Dredging includes the activity of disposal of the dredge spoil. Where this dredging maintenance activity occurs in an area already cleared of seagrass meadows through past dredging activity, an offset is not required. An offset will be required when new disposal sites are used and where those sites have known seagrass meadows, based on the Coastal Protection Board mapping. 4.4 Clearance envelopes rail and tram 4.4.1 Tree removal or pruning within rail clearance envelopes Vegetation control undertaken within the rail corridor is undertaken in accordance with Part 2, Division 3, Section 10(1a) of the Rail Commissioner Act 2009. Clearance for electrified rail lines should also be undertaken in accordance with Public Transport Services document Principles of Vegetation Control on Electrified Rail Lines (Knet 5714414). Clearance envelopes as outlined in a, b and c must be kept clear of vegetation that may present a hazard. Maintenance of the clearance envelope may be carried out without the need for approval, with only a few exceptions (see Table 3.2). a) Standard vegetation clearance envelope - electrified rail Where rail lines have been electrified, the Rail Commissioner shall maintain a 360 0 clearance envelope of 5m around any live 1 electrical apparatus within the overhead wiring system, as shown in Figure 4.10. This shall consist of a 3m exclusion zone (which is to be kept free of vegetation, people, materials and equipment), and an additional 2m (to ensure that the exclusion zone can be safely maintained at all times, with a maintenance regime no more frequent than 1 year)*. The clearance envelope shall be vertically infinite to minimise risk of objects fouling the track or damaging the overhead wiring system. In exceptional circumstances, where approval has been granted by the Manager, Project Delivery, vegetation may be permitted to remain within the clearance envelope. 1 Live electrical apparatus as defined as any apparatus that is not electrically connected to earth (thereby, a potential difference (voltage) exists between it and earth). Note: the earth wire should also be considered as live Doc. Owner: Senior Environmental Management Officer Page 29 of 70

Figure 4.11 Clearance around live electrical apparatus (multiple configurations) Doc. Owner: Senior Environmental Management Officer Page 30 of 70

b) Standard vegetation clearance envelope - non electrified rail Vegetation Removal Policy The Rail Commissioner shall maintain a vertically infinite clearance over the width of the railway track formation (to minimise risk of objects fouling the track) and 5.0 m vertical clearance over the width of any maintenance access track along the rail corridor, as shown in Figure 4.11. Vegetation may be pruned up to 0.5 m* beyond the edge of the clearance envelope to reduce the frequency of maintenance pruning. 5m Infinite Track formation Maintenance track Figure 4.12 Clearance envelope for protection and operation of track c) Standard vegetation clearance envelope tram line The Rail Commissioner shall maintain a vertically infinite clearance over the width of the tram track formation, including 0.5 m beyond the toe of ballast (to minimise risk of objects fouling the track). Additionally, the Rail Commissioner shall maintain a vertically infinite clearance of 1.0 m around electrical infrastructure, such as posts and wires, as shown in Figure 4.13. Vegetation may be pruned up to 0.5 m* beyond the edge of the clearance envelope to reduce the frequency of maintenance pruning. Infinite 1m 0.5m Track Formation 0.5m Figure 4.13 Clearance envelope for protection and operation of tram line * Larger diameter limbs will be pruned to the nearest growth point or collar outside the clearance envelope, as per AS4373 Pruning of Amenity Trees to protect the tree from infection or disease and minimise the development of weakly attached growth. Doc. Owner: Senior Environmental Management Officer Page 31 of 70

5 Vegetation removal process Vegetation Removal Policy This section outlines the vegetation removal process. It is intended as a guide only; actual requirements may differ between activities depending on the type of removal. Further information can be obtained from the Environment Group or the Senior Environmental Management Officer. The vegetation removal approval process is summarised in Figure 5.1 below. The process commences with a preliminary vegetation assessment and ceases when all required approvals are obtained and records of the process are filed. It relates only to vegetation assessment, removal and mitigation and does not address other environmental impacts. Figure 5.1 Vegetation removal approval process SEMO to send Clearance Application to approving authority (if external: MAA, DAC, DoE or NVC. If internal: MPD) Doc. Owner: Senior Environmental Management Officer Page 32 of 70

6 Remediation measures Vegetation Removal Policy Most vegetation removal requires remediation measures such as replacement plantings or a contribution to the Native Vegetation Fund to offset the impacts of the clearance and to ensure that there is no net loss of vegetation. Table 3.2 outlines when remediation or replacement plantings are required to offset the removal of both native and non native vegetation. In addition, approvals for vegetation clearances in accordance with the Native Vegetation Act are conditional on the achievement of such remediation measures in the form of a SEB. This can be delivered via a payment into the Native Vegetation Fund or through on-ground works. For impacts on vegetation deemed to have significant amenity or community value, but where an offset is not required under legislation, a 2:1 offset can be applied at the discretion of the SEMO. For example, a large remnant tree that is growing very close to the road and causing damage to the road infrastructure could be pruned or removed as part of a maintenance activity (protection of infrastructure) and not necessarily require an offset for its removal. In this instance, the tree could be deemed by the SEMO to hold both significant amenity and community value and would have a 2:1 offset applied. On-ground works should be documented in a Vegetation Management Plan which is to be included with the Vegetation Removal Request and the project Environmental Impact Assessment Report (EIAR), Planning Report or Project Impact/ Environmental Report for environmental clearance purposes. A Vegetation Management Plan can be obtained from the Environment Group. 6.1 Native Vegetation Act remediation requirements For native vegetation removals, Table 6.1 provides a guide to determining the level of remediation effort required to achieve a significant environmental benefit by outlining replacement rates based on the level of impact. A detailed procedure for providing a SEB in accordance with the NVA is outlined in the department's document: Vegetation Offset Guidelines (knet 2306746). This document also provides further detail regarding departmental policy and priorities for undertaking remediation measures and provision of SEB in accordance with the NVA. Table 6.1 Criteria for determining replacement rates native vegetation NATIVE VEGETATION subject to Native Vegetation Act 1991 Criteria Where clearance falls under Regulation 5(1)(lb) Where proposed clearance is considered to be minor and of limited biodiversity impact, eg lopping of overhanging limbs (not affecting the health of the vegetation - less than 10%) or minor clearance of shrubs in areas otherwise considered as highly disturbed Lopping of limbs or severing roots of native species only (not affecting the health of the vegetation - greater than 10%) Removal of scattered native trees (native understorey absent) Where proposed clearance is in areas dominated by introduced species, the area of native vegetation is largely reduced to scattered trees, indigenous understorey flora reduced to scattered clumps and individual plants Where the proposed clearance is of mostly intact overstorey vegetation but there is still considerable weed infestation amongst the understorey flora SEB Area to be based on a ratio of: No SEB required. Offset native vegetation at a ratio of 2:1 No SEB 20% of NVC tree offset NVC tree offset guidelines 2:1 4:1 Doc. Owner: Senior Environmental Management Officer Page 33 of 70

Where the proposed clearance is of mostly intact overstorey vegetation with moderate but not severe weed infestation amongst the understorey flora. Where the proposed clearance is of mostly intact overstorey and understorey vegetation, weed infestation is moderate to low, but the original vegetation is still dominant. Where the proposed clearance is of diverse vegetation with very little weed infestation. Vegetation Removal Policy 6:1 8:1 10:1 Notes: When calculating the SEB ratio, it is possible to use in between ratios, i.e. if the situation is best described as somewhere between 2:1 and 4:1, then a ratio of 3:1 may be applied Offsets for Borrow Pits: may be in accordance with the DEWNR guidelines for the mining/petroleum industry, alternatively offsets may be calculated as per Table 6.1 above, whilst allowing for a reduction on the basis of remediation effort/timing e.g. applying a discount to the normal ratios outlined in Table 6.1 on the basis of a discount of 1 reflecting the equivalent area impacted will be remediated i.e. 2:1 would become 1:1, 3:1 would become 2:1. Any discounts beyond this would require discussion and approval from DEWNR. 6.2 Development Act remediation requirements As shown in Table 3.2, where approval is required under the Development Act to remove a regulated or significant tree, an offset of 2:1 (for regulated trees) or 3:1 (for significant trees) will be required. The DAC may stipulate a certain type of replacement. This will be set out in the conditions of approval. If it is not feasible to provide replacement plantings on-ground, a payment of $84 per tree may be made into the Planning & Development Fund in lieu of replanting. The intention to make a payment in lieu of replanting should be indicated in the development application. 6.3 Environment Protection and Biodiversity Conservation Act remediation requirements In accordance with the EPBC Act, an environmental offset is a conservation action that is intended to compensate for the residual adverse impacts of an action. Offsets are only required if the residual impacts are significant. In accordance with the EPBC Act, offsets should directly correlate to the impacts of a proposed action. Offsets are only considered after all reasonable actions to avoid or mitigate environmental damage of the project have been investigated. For detail on offsets refer to the EPBC Offsets Policy and Offsets Assessment Guide and spreadsheet on the website http://www.environment.gov.au/epbc/publications/environmental-offsets-policy.html 6.4 Remediation for amenity vegetation, vegetation not covered by the Native Vegetation Act and vegetation cleared in accordance with Native Vegetation Regulation 5(1)(lb) As shown in Table 3.2, the removal of amenity vegetation, vegetation not covered by the NVA and vegetation cleared under Native Vegetation Regulation 5(1)(lb) generally requires replacement at a rate of 1:1 or 1:2, except in specific circumstances. Where feasible, replacement plantings or other remediation works should be located as close as possible to where the clearance is undertaken, in order to compensate for the loss of amenity in the immediate locality. Where trees form an important landscape feature or provide a significant amenity benefit (e.g. a planted avenue, or visual screening) Doc. Owner: Senior Environmental Management Officer Page 34 of 70

the first preference is to replace the trees on-site, or at a location agreed with the affected parties. Other opportunities for remediation, such as bush-care work in the road reserve or a conservation area, may be discussed with the SEMO. If it is not viable for the department to deliver the required offset on-the-ground (e.g. where small numbers make replanting and maintenance cost prohibitive), other options should be investigated, such as entering into an agreement with the Local Council or a community group to fund some revegetation or bush-care work in the local area. If there is no feasible method of delivering the offset in the local area either directly or indirectly a monetary amount should be paid into the Amenity Planting Fund in lieu of undertaking the replanting. This amount should be based on the following rates: $84 per tree $5000 per hectare The cumulative funds will be distributed annually by the SEMO, either to a specific environmental project run by the department, or to NRM Boards to fund environmental programs. Further information on the department s policy on delivering offsets not covered by the NVA can be found in the Vegetation Offset Guidelines (knet 2306746). 7 Environmental management activities during vegetation removal Any vegetation removal activities must be undertaken in accordance with the department s Environmental Management System including: the Master Specification and Contract Specific Requirements if applicable all the relevant departmental guidelines, manuals and procedures as listed in Chapter 11, References. It should be noted that these guideline documents include best practice procedures for preventing the spread of plant diseases and declared and environmental weeds. 8 Non-conformances Vegetation removal undertaken without the appropriate approval(s), as outlined in the Vegetation Removal Policy, is treated as a non-conformance. Retrospective approvals (both internal and external) shall be sought for all non-conformance removals, in accordance with Table 3.2. Where a non conformance has occurred the cause shall be investigated and reported as part of seeking retrospective approval. Where necessary, measures should be implemented to prevent a reoccurrence. Appropriate remediation works shall be undertaken to rehabilitate the site and ensure that there is no net loss of vegetation, and where required provide a SEB. The NVC is unable to give retrospective approval in accordance with the NVA. However, a report shall be provided to the NVC, which summarises the incident and the management measures/remediation actions proposed. Non-conformances may attract penalties under Part 5(26) of the NVA, or other legislation. A penalty may also be applied in accordance with the department s contract requirements. 9 Reporting The department will report to the NVC at the end of each financial year on the progress of delivering a SEB and the mitigation work undertaken in compliance with the NVA. Doc. Owner: Senior Environmental Management Officer Page 35 of 70

10 References Vegetation Removal Policy Australian and New Zealand Environment and Conservation Council. 1996. The National Strategy for the Conservation of Australia s Biological Diversity. Canberra. Department of Water Land and Biodiversity Conservation. 2002. Scattered Tree Clearance Assessment in SA. Lang PJ and Kraehenbuehl DN. 2000. Florlist. Latest update of unpublished database. Department for Environment and Heritage. Public Transport Services. 2012. Principles of Vegetation Control on Electrified Rail Lines (PTS-AR-PW-EN-PRC- 00170057). Knet #5714414. Robinson AC, Casperson KD and Hutchinson MN. 2000. A List of Vertebrates of South Australia. Department for Environment and Heritage, South Australia. Regional Biodiversity Plans Regional Natural Resource Management Plans 11 Departmental Guidelines, Manuals and Procedures Planning and Design Approval to open a Borrow Pit MAT PC061 Cultural Heritage Guidelines: A Handbook for Staff and Contractors Care, Control and Management of Roads by the Commissioner of Highways (Section 26 of the Highways Act 1926) Operational Instruction 20.1 Environmental Approval Procedures Operational Instruction 21.1 Roadside Significant Sites Operational Instruction 21.5 Guide to Matters of National Environmental Significance: Commonwealth Environment Protection and Biodiversity Conservation Act 1999 Vegetation Assessment Guidelines Vegetation Survey Guidelines Vegetation Safety Survey Guide to State Heritage Areas Construction contract management documents Master Specification, Parts 150, 155, Contract Specific Requirements Project Environmental Management Plan Guidelines - Road, Rail and Marine Facilities Contractors Environmental Management Plan Guidelines - Road, Rail and Marine Facilities Environmental Auditing Guidelines for Construction - Road, Rail and Marine Facilities Environmental Code of Practice for Construction - Road, Rail and Marine Facilities Doc. Owner: Senior Environmental Management Officer Page 36 of 70

Revegetation and mitigation works Vegetation Removal Policy Vegetation Offset Guidelines Road maintenance Master Specification, Parts M150 and M155 Environmental Management Workbook for Road Maintenance Activities Rail maintenance TransAdelaide Track and Civil Infrastructure Code of Practice Electrification vegetation clearance policy Plant diseases and noxious weeds Phytophthora (dieback) Control Operational Instruction 21.3 Region Weed Management Plans (Eastern, Metropolitan and Northern and Western) Regional Weed identification and management guides (Eastern, Metropolitan and Northern and Western) Doc. Owner: Senior Environmental Management Officer Page 37 of 70

Appendix A: Guide to the Native Vegetation Act 1991 Doc. Owner: Senior Environmental Management Officer Page 38 of 70

1 Introduction Approval is required under the Native Vegetation Act 1991 for clearance of native vegetation. The Act applies to the whole of South Australia except for the inner area of Metropolitan Adelaide. See Figure B1 for the boundaries. The Department of Planning, Transport and Infrastructure is required to seek consent from the Native Vegetation Council (NVC) to impact native vegetation if the impact(s) are not exempt under the Native Vegetation Act Regulations. In most cases in order to obtain an exemption work must be undertaken in accordance with a Standard Operating Procedure approved by the NVC. The Vegetation Removal Policy constitutes the department s Standard Operating Procedure approved by the Native Vegetation Council and Table 1 outlines the approvals required. For most activities clearance is only exempt if: there is no other practicable alternative; the clearance is undertaken in accordance with a Standard Operating Procedure approved by the Native Vegetation Council (NVC), or a management plan which provides an environmental benefit, or payment into the Native Vegetation Fund; and, it complies with any guidelines by the NVC relating to the spread of plant diseases or noxious weeds. Exemptions generally relevant to the department s activities under Regulation 5 include: 1(c) 1(d) 1(e) 1(g) 1(h) 1(i) 1(k) 1(l) 1(lb) 1(m) 1(n) 1(t) 1(v) 1(zb) 1(zj) Development subject to Section 48 of the Development Act - only applicable if undertaking a development that has been declared a major project by the Governor or Minister and is subject to the major project assessment process under the Development Act Building or infrastructure in the Public Interest - usually used for new rail projects and other new infrastructure works which are not connected with the Commissioner of Highways Repair or maintenance of works of the Crown used mainly for property maintenance Repair or maintenance of infrastructure used mainly for clearance associated with rail and marine/ ferry maintenance (excluding maintenance work undertaken for public safety reasons). Clearance associated with road maintenance may fall under 1(g), 1(h) or 1(lb) Works on behalf of the Commissioner of Highways used for the majority of road projects Existing dams may be used for property management New dams may be used for property management Clearance for safety used mainly for property maintenance and road/ rail hazards, when there is a risk of personal or property damage posed by an structurally unsound tree or limb Clearance for public safety may be used for establishing adequate sight distance at road and rail intersections, achieving adequate clear widths along roadsides, and undertaking road upgrades required to address public safety issues. NOTE: The Native Vegetation Council has released the Framework for the Application of Regulation 5(1)(lb) for Clearance Along Roads, Intersections and at Rail Crossings for Public Safety Purposes, which outlines the circumstances where clearance of native vegetation may be approved under Regulation 5(1)(lb). Fire Prevention and protection may be used for property management Fire protection, dwellings and buildings may be used for property management Clearance for Vehicle track may be used for property management Fuel breaks, fire control may be used for property management Taking of seeds and specimens may be used for seed collecting for revegetation projects Native vegetation associated with management problems may be used for property management Doc. Owner: Senior Environmental Management Officer Page 39 of 70

2 Objects of the Act The objects of the Act include: the conservation, protection and enhancement of the native vegetation of the State, and in particular remnant native vegetation, in order to prevent further reduction of biological diversity and further degradation of the land and its soil; loss of quantity and quality of native vegetation in the State; and loss of critical habitat; the encouragement of the re-establishment of native vegetation in those parts of the State that have been cleared of native vegetation. 3 Native Vegetation Council The Act establishes a Native Vegetation Council that has the responsibility of determining applications for consent to clear native vegetation and assessing applications referred to the Council under the Development Act 1993. The Native Vegetation Council Assessment Panel meets on a monthly basis. There are no time limits on the Council s decision under the Act. The Council is serviced by staff of the Native Vegetation Council Secretariat in the Department of Environment, Water and Natural Resources. Approval for works may be delegated to staff of the Secretariat. 4 Definitions Native Vegetation Under the Act, "native vegetation" means a plant or plants of a species indigenous to South Australia, including a plant or plants growing in or under waters of the sea, but does not include: a plant or part of a plant that is dead unless the plant, or part of the plant, is of a class declared by regulation to be included in this definition; or a plant intentionally sown or planted by a person unless the person was acting in compliance with a condition imposed under the Act. The following classes of planted native vegetation are also protected under the Act: Native vegetation planted to comply with a revegetation agreement or order issued by the NVC; Native vegetation planted to comply with a revegetation order issued by the courts following an illegal clearance. Under Regulation 3A, dead trees (where the diameter of the trunk at 300 mm from the base of the tree is 600mm or more) that provide habitat for animals of a listed threatened species under the Environment Protection and Biodiversity Conservation Act are also protected and their clearance requires consent. For example, this would apply to nest trees for species such as the south-eastern form of the Red-tailed black cockatoo in the Naracoorte-Penola region. Clearance For the purposes of the Act "clearance", in relation to native vegetation, means: the killing, destruction or removal of native vegetation; the severing of branches, limbs, stems or trunks of native vegetation; the burning of native vegetation; or any other substantial damage to native vegetation, and includes the draining or flooding of land, or any other activity that causes the killing or destruction of native vegetation, the severing of branches, limbs, stems or trunks of native vegetation or any other substantial damage to native vegetation. Doc. Owner: Senior Environmental Management Officer Page 40 of 70

5 Principles of Clearance When determining an application to clear native vegetation made under S27(1)(a) of the Act, the Native Vegetation Council must: have regard to the Principles of Clearance of native vegetation (see below); and must not make a decision that is seriously at variance with those principles. It should be noted that the department rarely, if ever, seeks approval to clear native vegetation under S27(1)(a). In most, if not all cases, the clearance is undertaken under S27(1)(b)(i), i.e. an exemption, which does not require formal consideration of the Principles of Clearance. However, the Principles of Clearance can be used to help determine whether there are any practicable alternatives that would involve the clearance of less significant vegetation. The Principles of Clearance of native vegetation state that native vegetation should not be cleared if, in the opinion of the Native Vegetation Council: it comprises a high level of diversity of plant species; it has significance as a habitat for wildlife; it includes plants of a rare, vulnerable or endangered species (as defined under the National Parks and Wildlife Act 1972); the vegetation comprises the whole, or a part, of a plant community that is rare, vulnerable or endangered; it is significant as a remnant of vegetation in an area which has been extensively cleared; it is growing in, or in association with, a wetland environment; it contributes significantly to the amenity of the area in which it is growing or is situated; the clearance of the vegetation is likely to contribute to soil erosion or salinity in an area in which appreciable erosion or salinisation has already occurred or, where such erosion or salinisation has not yet occurred, the clearance of the vegetation is likely to cause appreciable soil erosion or salinity; the clearance of the vegetation is likely to cause deterioration in the quality of surface or underground water; the clearance of the vegetation is likely to cause, or exacerbate, the incidence or intensity of flooding; or after clearance the land will be used for a particular purpose and the regional NRM Board, for the NRM region where the land is situated, as part of its plan under the Natural Resources Management Act 2004, has assessed the land according to that assessment the use of the land for that purpose can not be sustained. the clearance of the vegetation would cause significant harm to the River Murray within the meaning of the River Murray Act 2003; or the clearance of vegetation would cause significant harm to the Adelaide Dolphin Sanctuary. 6 Clearance application Requests for approval to remove native vegetation should be submitted with the department s Vegetation Removal Request Form to the Senior Environmental Management Officer (SEMO) for endorsement prior to forwarding to the Native Vegetation Council. When applying to the Native Vegetation Council for approval to clear native vegetation subject to the Native Vegetation Act 1991, or when seeking to clear native vegetation under an exemption, a Native Vegetation Council Application Form will generally be required (see Appendix C). If the clearance is for the purpose of Public Safety, and meets the criteria outlined in the Framework for the Application of Regulation 5(1)(lb) for Clearance Along Roads, Intersections and at Rail Crossings for Public Safety Purposes, a Clearance Approval Form Under Regulation 5(1)(lb) must be submitted (see Appendix C). Further instruction on completing a clearance application is provided in Preparation of a Native Vegetation Council Application Procedure. Doc. Owner: Senior Environmental Management Officer Page 41 of 70

7 Significant Environmental Benefit (Offset) Requirements If a Significant Environmental Benefit (SEB) is required to offset the proposed clearance, sufficient information should be provided to demonstrate that the planting and/or maintenance of native vegetation after clearance will, after allowing for the loss of the vegetation to be cleared, result in significant environmental benefit. A range of strategies may be considered to offset the clearance and to provide a significant environmental gain, i.e.: Restoration works to encourage regeneration or health of existing stands of native vegetation ( bushcare); and/or Re-establishment of native vegetation on existing cleared or highly degraded sites; or, if a suitable set-aside area is not available, A payment into the Native Vegetation Fund determined by the Native Vegetation Council to undertake regional projects of the Council. For on-ground works, a Vegetation Management Plan should be prepared by the Land Management Coordinator describing the proposed restoration or re-establishment works. The Plan should also document the scheduling of works proposed for follow-up site maintenance. 8 Consultation with other agencies Consultation with the relevant NRM Board is only undertaken if vegetation is to be cleared under S27(1)(a) of the Native Vegetation Act. The vast majority of DPTI s clearance is undertaken under S27(1)(b) and (c), and does not require consultation with NRM board. However, the department has committed, in its Standard Operating Procedure, to undertake consultation with the local Council for vegetation removals. Any advice received as a result of this consultation should be included with the application to NVC. 9 Timeframe for approval The approval process is potentially a lengthy process and an adequate amount of time is required to gain approval under the Native Vegetation Act 1991. It may take up to 4 months for a project to be assessed by the Native Vegetation Council. 10 Term of approval A consent to undertake clearance remains in force for two years or for a longer period as specified by the Native Vegetation Council at the time of granting consent, or subsequently on application by a person who has the benefit of the consent. 11 Amending or withdrawing applications An application may be amended or withdrawn at any time before a decision is made. 12 Request for additional information The Native Vegetation Council may request additional information before making a decision. Supplying such information promptly will reduce delays. 13 For further information Native Vegetation Council Website: http://www.nvc.sa.gov.au Native Vegetation Council Secretariat: Email: nvc@sa.gov.au Postal Address: GPO Box 1047, ADELAIDE 5001 Street Address: CSIRO Building, Gate 4, Waite Road, URRBRAE 5064 Ph: (08) 8303 9741 Fax: (08) 8303 9780 Doc. Owner: Senior Environmental Management Officer Page 42 of 70

Appendix B: Native Vegetation Clearance Application Form Link to Native Vegetation Clearance Application Form: Knet 850952 Doc. Owner: Senior Environmental Management Officer Page 43 of 70

APPLICATION TO CLEAR NATIVE VEGETATION In accordance with NATIVE VEGETATION ACT 1991 In South Australia, under the Native Vegetation Act 1991 (the Act), all clearance of native vegetation requires the approval of the Native Vegetation Council (NVC) unless it is covered by a specific exemption contained within the Native Vegetation Regulations 2003. To apply to clear native vegetation, an applicant must complete and submit this form to the Native Vegetation Council. The application form must be accompanied with a data report that has been completed by an accredited consultant. Please read and complete all pages of this application form. Please submit a clearance Data Report completed by an accredited consultant. Completed, signed and dated forms, and a clearance data report, should be forwarded to: Native Vegetation Council Postal Address GPO Box 1047 ADELAIDE SA 5001 Or Native Vegetation Council Soil & Water and Environs Centre Entry 4, Waite Road URRBRAE SA 5064 APPLICANT DETAILS APPLICANT'S NAME: Department of Planning, Transport and Infrastructure Contact Name: Senior Environmental Management Officer Postal Address GPO Box 1533 Phone Wk: 8402 1874 Adelaide SA Facsimile: 8343 2905 5001 Email: catherine.gray@sa.gov.au LANDOWNER'S NAME: Postal Address Postcode: LANDOWNER DETAILS Phone Wk: Phone Hm: Phone Mobile: Facsimile: Email: *for DPTI roads, council is the landowner, but the Commissioner of Highways is considered the applicant DETAILS OF PROPERTY Road Name Road Number Side of Road MM start MM end District Council Hundred(s) Section(s) Title Details CT, CL or CR C Vol. Folio C Vol. Folio C Vol. Folio C Vol. Folio DETAILS OF PROPOSED CLEARANCE Scattered trees Number: Other type of vegetation Hectares: Doc. Owner: Senior Environmental Management Officer Page 44 of 70

Project Purpose and Description: NOTES FOR APPLICANT Clearance in relation to native vegetation means: the killing, destruction or removal of native vegetation the severing of branches, limbs, stems or trunks of native vegetation the burning of native vegetation, and any other substantial damage to native vegetation, and includes the severing of roots, draining or flooding of land, or any other activity that causes the killing or destruction of native vegetation. Native Vegetation means plants indigenous to South Australia (and includes those intentionally sown or planted as a condition previously imposed or as declared by the NVC). A consent to undertake clearance remains valid for two years or for a longer period as specified by the NVC at the time of granting consent, or subsequently on application by a person who has the benefit of the consent. You may amend or withdraw this application at any time before a decision is made. The Native Vegetation Council may request additional information before making a decision. Supplying this information promptly will reduce delays. For Crown Land under Lease or License the approval of the Minister for Sustainability, Environment and Conservation is required for any application for consent to clear native vegetation. For further information and assistance, contact the Native Vegetation Management Unit: Ph. (08) 8303 9777 Email: nvc@sa.gov.au Web: http://www.nvc.sa.gov.au DECLARATION I hereby certify that the above information is accurate to the best of my knowledge and confirm the required items are attached. The Landowner (not agent or manager) must sign this form. Signed:.. (Project Manager on behalf of Landowner) Date / / Name (please print):.. OFFICE USE ONLY APPLICATION NO. / / Application Fee Paid: N/A Date registered by NVC / / Receipt No. Dated / / Doc. Owner: Senior Environmental Management Officer Page 45 of 70

Appendix C: Native Vegetation Regulation 5(1)(lb) Clearance Proposal Form Link to Native Vegetation Clearance Proposal Form (Regulation 5(1)(lb)): Knet 5217643 Doc. Owner: Senior Environmental Management Officer Page 46 of 70

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Appendix D: Guide to the Environment Protection & Biodiversity Conservation Act 1999 Doc. Owner: Senior Environmental Management Officer Page 53 of 70

1 Introduction Vegetation Removal Policy The Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act 1999) applies to any action with a significant impact on a 'Matter of National Environmental Significance'. Matters of National Environmental Significance relevant to The Department s activities include: World heritage properties Nationally Threatened Species and/or Ecological Communities Wetlands of international importance i.e. Ramsar Wetlands Migratory Species 2 Approvals National Heritage Places Commonwealth marine areas When a person proposes to take an action that they believe may need approval under the EPBC Act they must refer the proposal to the Commonwealth Environment Minister (consult the Environmental Officers to determine whether an action may have a significant impact and require approval). The purpose of the referral stage is to determine whether a proposed action requires approval under the EPBC Act. If the Minister determines an approval is required, the proposed action will proceed through the assessment and approval processes. A referral is a set of information that includes contact details and brief descriptions of the proposal, its location and potential impacts on matters of national environmental significance. The referral must be accompanied by a referral form. The Commonwealth Environment Minister will consider the referral and decide whether the action requires approval. The Minister will select one of the five assessment options, namely assessment by: preliminary documentation public environment report (PER) environmental impact statement (EIS) public inquiry; or an accredited assessment process. The Act sets out the process and timing requirements for each assessment approach. The Minister must make a decision on whether to approve the taking of the action, after the receipt of the assessment report, or a report from a commission of inquiry. Under the Environment Protection and Biodiversity Conservation Act an environmental offset is a conservation action that is intended to compensate for the residual adverse impacts of an action. Offsets are only required if the residual impacts are significant. Under the EPBC Act offsets should directly correlated to the impacts of a proposed action. Offsets are only considered after all reasonable actions to avoid or mitigate environmental damage of the project have been investigated. For detail on offsets refer to the EPBC Offsets Policy and Offsets Assessment Guide and spreadsheet on the website http://www.environment.gov.au/epbc/publications/environmental-offsets-policy.html 3 Further Information For more information refer to the Department of Environment (Commonwealth) website http://www.environment.gov.au/epbc/index.html and the department s Guide to Matters of Environmental Significance under the Commonwealth Environment Protection and Biodiversity Conservation Act, 1999 see Knet 954837. Doc. Owner: Senior Environmental Management Officer Page 54 of 70

Appendix E: Guide to Regulated and Vegetation Removal Policy Significant Trees - Development Act 1993 Doc. Owner: Senior Environmental Management Officer Page 55 of 70

1 Introduction Except in prescribed circumstances, the Development Act 1993 requires approval for undertaking a tree damaging activity in relation to a 'regulated tree' or a significant tree. A Regulated Tree is defined as either: (a) a tree (within the designated area set out in Part 2, Section 6A(3) of the Development Regulations 2008) that has a trunk with a circumference of 2 m or more or, in the case of trees with multiple trunks, that have trunks with a total circumference of 2 m or more and an average circumference of 625 mm or more, measured at a point 1 m above natural ground level. NB. The measurement of the circumference of the trunks of a tree with multiple trunks is to be undertaken on the basis of the actual circumference of each trunk and without taking into account any space between the trunks; or (b) a tree declared to be a significant tree by the relevant Development Plan (which has effect independently from the Development Regulations and exclusions). but does NOT include any of the following: (i) (ii) trees located within 10m of an existing dwelling or existing in-ground swimming pool, other than a Eucalyptus or Willow Myrtle (Agonis flexuosa), measured from the base of the trunk of the tree (or the nearest trunk of the tree to the dwelling or swimming pool) to the nearest part of the dwelling or swimming pool at natural ground level. any tree of the following species: Acer negundo (Box Elder) Acer saccharinum (Silver Maple) Ailanthus altissima (Tree of heaven) Alnus acuminate ssp. glabrata (Evergreen Alder) Celtis australis (European Nettle Tree) Celtis sinensis (Chinese Nettle Tree) Cinnamomum camphora (Camphor Laurel) Cupressus macrocarpa (Monterey Cypress) Ficus spp. (Figs), other than Ficus macrophylla (Morton Bay Fig) located more than 15 metres from a dwelling Fraxinus angustifolia (Narrow-Leaved Ash) Fraxinus angustifolia ssp. oxycarpa (Desert Ash) Pinus radiata (Radiata Pine / Monterey Pine) Platanus x acerifolia (London Plane) Populus alba (White Poplar) Populus nigra var. italica (Lombardy Poplar) Robinia pseudoacacia (Black Locust) Salix babylonica (Weeping Willow) Salix chilensis 'fastigiata' (Chilean Willow, Evergreen Willow, Pencil Willow) Salix fragilis (Crack Willow) Salix X rubens (White Crack Willow, Basket Willow) Salix X sepulcralis var. chrysocoma (Golden Weeping Willow) Schinus areira (Peppercorn Tree) (iii) (iv) (v) (vi) a tree belonging to a class of plants to which a declaration by the Minister under Chapter 8 Part 1 of the Natural Resources Management Act 2004 applies a tree that may not be cleared without the consent of the Native Vegetation Council under the Native Vegetation Act a tree that has been planted as part of a woodlot, orchard or other plantation created for the purpose of growing and then harvesting trees or any produce a tree if the tree is located at a site where it is proposed to undertake development that has been approved by the State Coordinator-General for the purposes of the Affordable Housing Stimulus Package, other than where the site is a site where a State heritage place is situated. (NB. This exemption expires on 31 December 2014.) Significant Trees fall under the umbrella of Regulated Trees. A Significant Tree is defined as either: (a) a tree declared to be a regulated tree by the regulations (i.e. it falls within the designated area, is not of a specified species, is not located 10 m from an existing house or in-ground pool, is not a declared plant under the NRM Act, is not Native Vegetation under the Act, and is not part of a plantation), which has a trunk with a circumference of 3 m or Doc. Owner: Senior Environmental Management Officer Page 56 of 70

more or, in the case of a tree with multiple trunks, has trunks with a total circumference of 3 m or more and an average circumference of 625 mm or more, measured at a point 1 m above natural ground level; or (b) a tree declared to be a significant tree by the relevant Development Plan (which has effect independently from the Development Regulations and exclusions). Note that a declaration of a significant tree by the relevant Development Plan overrides the definition and exclusions in the Development Regulations. The designated area consists of: (a) the whole of Metropolitan Adelaide, other than (i) (ii) those parts of the area of the Adelaide Hills Council within the Extractive Industry Zone, the Public Purpose Zone or the Watershed (Primary Production) Zone in the Development Plan that relates to that area; and those parts of the area of the City of Playford within the Watershed Zone or the Mount Lofty Ranges Rural Zone on the eastern side of the Hills Face Zone in the Development Plan that relates to that area; and (b) any part of the area of the Adelaide Hills Council outside Metropolitan Adelaide that is within a Country Township Zone in the Development Plan that relates to that area; and (c) the whole of The District Council of Mount Barker other than those parts of the area of The District Council of Mount Barker within the Industry (Kanmantoo) Zone, the Rural Watershed Protection Zone, the Rural (Mount Barker) Zone, the Rural (Kanmantoo) Zone or the Rural (Kondoparinga) Zone in the Development Plan that relates to that area. 2 The Development Assessment Commission (DAC) For the majority of projects undertaken by the department, the DAC is the relevant authority for determining applications for consent to clear regulated and significant trees under the Development Act 1993. The DAC is serviced by the Development Assessment section of the department. 3 Protection of Regulated and Significant Trees The controls which apply to a regulated or significant tree prevent removal, killing or destruction, major pruning, ringbarking or topping, or any other substantial damage to the tree, including its root system. Major pruning is considered a tree damaging activity if it removes more than 30% of the crown of the tree. In circumstances where pruning removes less than 30% of the crown of a tree and that is required to remove (i) dead or diseased wood; or (ii) branches that pose a material risk to a building; or (iii) branches to a tree that is located in an area frequently used by people and the branches pose a material risk to such people, development approval is not required. The controls for regulated and significant trees apply to all parts of Metropolitan Adelaide (see Figure D1). Country Councils may request the application of the controls to cities and towns in their areas. These requests will be considered by the Minister for Planning in consultation with the Minister for Sustainability, Environment and Conservation. 4 Exemptions Schedule 3(17) of the Development Regulations specifically excludes certain tree damaging activities from the definition of development (and therefore from the requirement to gain DAC approval). No approval is needed to impact a Regulated Tree (including a Significant Tree) in the following circumstances: (a) the tree is within 1 of the following species of trees: Melaleuca styphelioides (Prickly-leaved Paperback) Lagunaria patersonia (Norfolk Island Hibiscus); or Doc. Owner: Senior Environmental Management Officer Page 57 of 70

(b) the tree is within 20 metres of a dwelling in a Bushfire Protection Area identified as Medium Bushfire Risk or High Bushfire Risk in the relevant Development Plan; or (c) the tree is on land under the care and control of the Minister who has primary responsibility for the environment and conservation in the State; or (d) the tree is on land under the care and control of the Board of the Botanic Gardens and State Herbarium; or (e) the tree is dead. 5 Emergency works In an emergency situation, work involving a regulated or significant tree can be undertaken without first having received a development approval. As soon as practicable after the emergency work is undertaken, DAC must be notified in accordance with S54A of the Development Act, and a retrospective application submitted. In accordance with the Act, the activity must, so far as is reasonably practicable, be undertaken to cause the minimum amount of damage to the tree. Therefore, a tree must only be made safe (e.g. prune off the limbs that are posing an immediate hazard) until development approval is obtained. A whole regulated or significant tree can be removed in an emergency situation if pruning alone does not rectify the immediate hazard. 6 Development Application The process for obtaining approval is outlined below: 1. Is the tree 'regulated or significant'? Obtain a Vegetation Survey. Check to see if the tree is listed in the State Heritage Register. If so, liaise with the Heritage Branch of the Department of Environment, Water and Natural Resources; and Liaise with the relevant local council with regard to the removal/ pruning of the significant tree and any associated vegetation removals. 2. Complete the details on the Crown Development Application form (Appendix E) Attach a description of the nature of the proposed development: Include a plan showing the location of trees and a description of the nature of any proposed infrastructure works, Include photographs and a description of the tree species and their health (Vegetation Survey), Describe the proposed actions in relation to the trees, i.e. pruning, removal, relocation, etc.; Provide a description of any mitigation works, e.g. landscaping proposal. If it is proposed to make a payment into the Planning & Development Fund in lieu of providing replacement plantings, make sure this is specified in the application; Include a copy of the outcomes of liaison with the local council 3. Submit the Development Application to the Senior Environmental Management Officer for endorsement before it is sent to the Development Assessment Commission (DAC). 4. Lodge three copies of the application, and one electronic copy (on CD) with the DAC, using the following contact details: Secretary Development Assessment Commission Level 6, Roma Mitchell House 136 North Terrace ADELAIDE SA 5000 7 The Approval Process or Secretary Development Assessment Commission GPO Box 1815 ADELAIDE SA 5001 The application will be assessed pursuant to Section 49 of the Development Act 1993, taking into account the policies in the relevant Development Plan, specifically: Development should have minimum adverse effects on regulated trees Doc. Owner: Senior Environmental Management Officer Page 58 of 70

A regulated tree should not be removed or damaged other than where it can be demonstrated that one or more of the following apply: - The tree is diseased and its life expectancy is short - The tree represents a material risk to public or private safety - Development that is reasonable and expected would not otherwise be possible - The work is required for the removal of dead wood, treatment of disease, or is in the general interests of the health of the tree Tree damaging activity other than removal should seek to maintain the aesthetic appearance and structural integrity of the tree DAC notifies the relevant Council when the application has been lodged, and Council must respond within two months of receipt of the notice or it will be conclusively presumed that the Council does not intend to report on the matter. The Commission then considers the application with the comments (if any) from the council and relevant agencies whose views it has sought (i.e. Heritage Branch at Department of Environment, Water and Conservation). If the council opposes the application, Commission officers will usually initiate discussions with the State agency to see whether alterations can be made to the proposal to meet the council's concerns. The Commission then prepares a report to the Minister. This must be done within three months of the date of receipt of the application. In most cases the time will be less. Time taken to seek additional information under Section 49(4), and to receive it, is not included in the three months. In such cases, the time limit is only extended by the amount of time it takes for the applicant to supply the additional information. After receiving the report from the Commission, the Minister may then approve (with or without conditions) or refuse the development proposed. The Minister may delegate his or her powers to nominated officers to assess and approve some types of application. This would reduce the time taken for decisions particularly for minor applications, or where Council support is obtained. No public consultation is required in respect of the application and there are no third party appeal rights in respect of the decision made. 8 Offsets Any approval to remove a Regulated or Significant Tree must be subject to a requirement to plant and maintain two trees (in the case of a Regulated Tree) or three trees (in the case of a Significant Tree). The cost of the replacement planting will be borne by the applicant, while the cost of maintenance will be borne by the owner of the land. DAC can specify what kind of replacement trees are to be planted, but they cannot be any of the following: Acer negundo (Box Elder) Acer saccharinum (Silver Maple) Ailanthus altissima (Tree of heaven) Alnus acuminate subsp. Glabrata (Evergreen Alder) Celtis australis (European Nettle Tree) Celtis sinensis (Chinese Nettle Tree) Cinnamomum camphora (Camphor Laurel) Cupressus macrocarpa (Monterey Cypress) Ficus spp. (Figs), other than Ficus macrophylla (Morton bay fig) located > 15m from a dwelling Fraxinus angustifolia (Narrow-leaved Ash) Fraxinus angustifolia ssp. Oxycarpa (desert ash) Pinus Radiata (Radiata Pine / Monterey Pine) Platanus x acerifolia (London Plane) Populus alba (White poplar) Populus nigra var. italica (Lombardy Poplar) Robinia pseudoacacia (Black Locust) Salix babylonica (Weeping Willow) Salix chilensis 'Fastigiata' (Chilean Willow, Evergreen Willow, Pencil Willow) Salix fragilis (Crack Willow) Salix X rubens (White Crack Willow, Basket Willow) Salix X sepulcralis var. chrysocoma (Golden Weeping Willow) Schinus areira (Peppercorn Tree) Nor can the replacement tree(s) be planted within 10 m of an existing house or in-ground pool. If there are no feasible opportunities to provide replacement plantings, a payment of $84 per tree may be made into the relevant fund 1 in lieu of replanting. Doc. Owner: Senior Environmental Management Officer Page 59 of 70

1 Payments in lieu of replacement plantings are to be paid into the relevant authority s fund. In the majority of cases, DAC is the relevant authority for the department s projects, so we pay the money into the Planning and Development Fund. However, if Council is the relevant authority for some reason, it will be paid into the Council s Urban Trees Fund. Figure D.1. Assessment Rules Applying to Significant Trees Doc. Owner: Senior Environmental Management Officer Page 60 of 70

Appendix F: Crown Development Application Link to Crown Development Application Form: http://www.dac.sa.gov.au/ data/assets/pdf_file/0014/115025/crown_dev_appl_form_2.pdf Doc. Owner: Senior Environmental Management Officer Page 61 of 70

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Appendix G: Vegetation Removal Request Form Link to Vegetation Removal Request Form: Knet 8558923 NOTE: Use the standalone Vegetation Removal Request Form only if you do not have a Vegetation Survey which incorporates a Form. Doc. Owner: Senior Environmental Management Officer Page 63 of 70

DEPARTMENT OF PLA NNING TRANSPORT & INFRA STRUCTURE LGA VEGETATION SURVEY NO. SAFETY AND SERV ICE DIV ISION 1 -???? VEGETATION REMOVAL REQUEST DPTI Env ironm ental Planning File No. Project/Road/Rail Name : R EQUEST IN G OF F IC ER P R OJ EC T M A N A GER 6-2 - 3-4 - VEGETATION SURVEY FILE 5 - Side of R oad Left S T A R T M M /GP S E N D M M /GP S Road Number : TSD REGION(S) NRM BOARD Location : PROJECT DESCRIPTION & REASON FOR VEGETATION REMOVAL Right Median IMPACTS & OFFSETS IM PAC TS OFF SET L egislation o r Policy TYPE OF VEGETA TION TO B E IM PA C TED Removal Major Prune Removal Number Area (ha) C learance under Safety Regulation 5(1)(lb) C learanc e o f Struc turally Uns o und and/o r Vegetatio n within the Clearance Envelo pe N /A N /A Other C learance Subject to the Nativ e Vegetation Act N /A Regulated Trees N /A N /A Regulated Significant Trees N /A N /A Declared/Env ironm ental Weeds and/or Self-seeded Plants N /A N /A A m enity P lanting (includ ing veg et at io n incid ent al t o maint enance eg structurally unsound ) N ative Vegetatio n no t co v ered by the N ativ e Vegetatio n A ct (includ ing veg et at io n incid ent al t o maint enance eg st ruct urally unso und ) TOTAL 0 0 0.000 0 0.000 DELIVERY OF OFFSETS OPTIONS FOR THE DELIVERY OF OFFSET Number OF FSET Area (ha) Amount ($) OFFSET DELIVERY DETAILS & OTHER COMMENTS (N o te to s tart ano ther line within a cell pres s A lt Enter) Payment into the Native V egetation Fund* N/A Payment into the Planning & Development Fund* N/A On Ground Works Payment to a Third Party Payment into the A menity Planting Fund (DPTI)*# TOTAL 0 0 $0.00 eg 7500 22027890 51000 # Note - f or payments into the A menity Planting Fund, the project w ill be charged at the END OF FINANCIAL YEAR *Insert Budget Line; Resp; Project & Task Numbers if a Payment Option is selected Doc. Owner: Senior Environmental Management Officer Page 64 of 70

Doc. Owner: Senior Environmental Management Officer Page 65 of 70

Appendix H: Native Vegetation Information Sheet No.20 Doc. Owner: Senior Environmental Management Officer Page 66 of 70

Doc. Owner: Senior Environmental Management Officer Page 67 of 70

Doc. Owner: Senior Environmental Management Officer Page 68 of 70

Appendix I: Map illustrating extent of Unincorporated Areas Vegetation Removal Policy Doc. Owner: Senior Environmental Management Officer Page 69 of 70

Vegetation Removal Policy K-Net Doc: UNCONTROLLED COPY WHEN PRINTED 1965602 Version No.: 4 Issue Date: July 2011 Doc. Owner: A Welsh Principal Environment Officer Page 70 of 70