Delivering Melbourne's Newest Sustainable Communities

Fact Sheet 3 – Information for landowners in the Western Grassland Reserves

Why do we need grassland reserves? The Government intends acquiring all of the areas The Victorian Government is reserving 15,000 required for the grassland reserves within 10 years hectares of land to protect critically endangered of the PAO being put in place (i.e. by 2020). The grasslands, and to offset the ecological impact of only exceptions are the two active quarries within urban growth in Melbourne’s north and west. the reserves, which will be allowed to complete their operations before being incorporated into the The Western Grassland Reserves are based around reserve. Mt Cottrell, south east of Melton, and north of Little River, west of Werribee. Creating these How will the acquisition process begin? reserves will offset the clearing of native grassland The Department of Sustainability and Environment necessary for urban development under the new (DSE) will be the acquiring authority under the changes to the Urban Growth Boundary (UGB) and Public Acquisition Overlay on behalf of the associated transport infrastructure. This is a Government. Initially DSE will seek to negotiate commitment of the government as part of voluntary sale agreement with landowners affected mitigation of the environmental impacts of by the PAO. It is expected that most properties will expanding Melbourne. It is also part of the be acquired by voluntary agreement. Australian Government approval under the At a later date it may be necessary to apply Strategic Assessment for Melbourne’s future compulsory acquisition to ensure the reserve is growth. fully established within the 10 year timeframe. For more information on the strategic assessment The PAO does not give the government the right to see Fact Sheet 1 – The Melbourne Strategic compulsorily purchase your land immediately. Assessment. Compulsory acquisition can not begin until the These grassland reserves will constitute the world’s government issues a Notice of Intention to Acquire largest remaining concentration of Volcanic Plains under the Land Acquisition and Compensation Act Grasslands and will protect some of Victoria’s most 1986 . All landowners will be consulted well in endangered ecosystems. They will also provide advance of compulsory acquisition being used, and habitat for several listed rare or threatened species, all efforts will be made to ensure the acquisition including the Golden Sun Moth, Striped Legless process is conducted in a clear and fair manner. lizard, Growling Grass Frog, Spiny Rice-flower, and The process for compulsory acquisition, the Button Wrinklewort. amount of compensation and the process for For more information on the grassland reserves see disputing the amount of compensation are outlined Fact Sheet 2 – Western Grassland Reserves in the Land Acquisition and Compensation Act 1986 . How will the grassland reserves be How do the PAO and other changes affect established? what I can do with my land? The grassland reserves are designated as part of a Under the PAO you can generally continue to use package of planning scheme amendments (VC68) your land as you have prior to the PAO being that expand the Melbourne urban growth boundary applied. However, any changes to the way you use (UGB). your land, such as building new structures or Properties within the reserves are identified by a demolishing existing ones, or changing the Public Acquisition Overlay (PAO), which signals the agricultural land use, may require planning Government’s intention to acquire the property approval, for which DSE will be a referral authority. and gives the Government the first right of Planning approval will only be given where land use purchase if the owner decides to sell. VC68 also changes are consistent with the objectives of the introduces an Environmental Significance Overlay PAO, ESO and RCZ over the grassland reserves. (ESO) and changes the underlying zoning to Rural Conservation Zone (RCZ). A Victorian Government initiative

Delivering Melbourne's Newest Sustainable Communities Fact Sheet 3 – Information for landowners in the Western Grassland Reserves

Important land management obligations When is the earliest I can sell? It is important to be aware that all legal Now that the PAO is in place, if you choose to sell management obligations under Federal and State your property the Government has the first right legislation remain in place, including protection of to purchase it. A price will be agreed through threatened species and communities and control negotiation between you and the Government. The of weed threats on your land. The Volcanic Plains Government does not have to purchase your Grassland is a threatened ecosystem protected property at this stage. under the Commonwealth Environment Protection If the Government refuses to purchase your and Biodiversity Conservation Act 1999 and property you can sell it to someone else. If this damaging or destroying grasslands may be subject happens you can claim compensation from the to significant fines or prosecution. Government for the difference between the value Interim management of the land before the PAO and what you can sell it As the public acquisition process to establish the for. This is called "loss on sale". reserves will occur over 10 years, you could retain What if I want to stay in my home? ownership of your property for a considerable In some circumstances you may be able to period before it is acquired. continue living in your home located within the To assist with land management over this period, new grassland reserves. This will only be an option you may be eligible for assistance for weed control for residents where the continued occupation of and other management measures to maintain or the dwelling is possible (i.e. access and services are improve the grasslands until they are acquired by maintained), and where their occupation will not the government. adversely interfere with the management of the This assistance will help ensure that native grassland reserves. vegetation on private land is maintained and In cases of such continuing occupation, the protected, that threatened species and Government will still formally take ownership of communities are managed appropriately, and that the property and any buildings, and an amount of environmental weeds and other threats are compensation will be available as outlined above. controlled in the grassland reserve areas prior to In these cases an amount of rent will likely be acquisition by DSE. payable so that the dwelling and directly related For more information on how to access this services can continue to be maintained where assistance please contact DSE Customer Service otherwise such upkeep would not be required. Centre on 136 186. Each request to continue to occupy a dwelling will be assessed on a case-by-case basis. The right to How much will I be paid for my property? occupy the property would not be transferable. You will be compensated for land that is acquired Further Information by DSE. Compensation is calculated in accordance with the provisions of the Land Acquisition and More information is available at: Compensation Act 1986 and is based on the • The Department of Sustainability and market value of the land on the date of acquisition. Environment (DSE) website www.dse.vic.gov.au If only part of your property is acquired, and this (search for ‘strategic assessment grasslands’). impacts on the value of the remaining land • The Australian Government Department of the including your ability to continue using that land, Environment, Water, Heritage and the Arts: then you may be eligible for further compensation. http://www.environment.gov.au/epbc/notices For neighbouring properties, DSE may provide /assessments/melbourne.html assistance to restore access or negotiate For further information, you can call DSE consolidation of adjacent properties, where Customer Service Centre on 136 186 Monday to needed. Friday from 8.00 am to 6.00 pm

Published by the Victorian Government Department of Sustainability and Environment, Melbourne, August 2010 © The State of Victoria Department of Sustainability and Environment 2010 This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 . Authorised by the Victorian Government, 8 Nicholson Street, East Melbourne ISBN 978-1-74242-742-3 (online)

For more information contact the DSE Customer Service Centre 136 186 Disclaimer This publication may be of assistance to you but the S tate of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication. Accessibility If you would like to receive this publication in an accessible format, such as large print or audio, please telephone A Victorian 136 186, 1800 122 969 (TTY), or email [email protected]. This document is also available in PDF format on the Internet at www.dse.vic.gov.au . Government initiative www.dse.vic.gov.au