Negotiating a PVP
A Property Vegetation Plan (PVP) is a voluntary, legally binding agreement between a landholder and their Local Land Services(LLS). Contact your LLS to negotiate a PVP. An LLS officer will arrange an on-site visit to discuss your proposal and help prepare the plan. There are no costs to a landholder to prepare a PVP and your LLS will supply most of the information you need. For more details on how a PVP is assessed learn about the Environmental Outcomes Assessment Methodology (EOAM) and Native Vegetation Assessment Tools.
The time it takes to prepare a PVP depends upon the type of PVP you're applying for, the size and nature of the site and the complexity of any negotiated management actions. Your LLS can estimate the time required once you contact it to discuss your plans. You will need to provide your LLS with ownership and property details of the land, along with details of your proposal. You or your authorised representatives need to accompany the LLS officer on the property so that the plan can be prepared together.
Clearing provisions included in a PVP last up to 15 years, giving landholders assurance for farm planning and investment. Agreed management actions linked to offsets and incentives may continue for a longer period, including in perpetuity. PVPs that do not include clearing can last for any time agreed to by the landholder and LLS.
Once agreed by the landholder, approved by the LLS and signed by both parties, a PVP is a legally binding agreement under both the Native Vegetation Act 2003 and the Threatened Species Conservation Act 1995. The terms of a PVP will not be affected by any changes to local or state planning rules or new listings of threatened species, but may be terminated by the Minister if the terms of the agreement are breached. A PVP can also be varied at the landholder's request, provided the variation will still improve or maintain environmental outcomes.
Because PVPs are agreements that affect the land, it is essential that they apply to the land, despite any change of landholder, that is, that they 'run with the land'. In order to ensure that PVPs are binding on successors in title, an abstract of the PVP must be registered with the Land and Property Management Authority under the Real Property Act 1900. This requirement is similar to all other types of agreements about land which bind successors in title. The register is the central place where any person (e.g. prospective purchasers) can look to find out what interests affect the land. If a PVP is not registered on title under the current provisions of the Act then legally it may not bind future landholders.
Varying a PVP
A landholder can apply at any time to change a PVP if, for example, they are intending to modify farming practices. Other reasons for varying a PVP may include changes to the assessment tools, or amendments to the underlying legislation. The new agreement must still pass the 'improve or maintain environmental outcomes' test. For more information on modifying a PVP, contact your LLS.
Page last updated: 27 March 2014