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Senate call for tougher land clearing laws

26 Mar, 2009 12:37 PM
Federal environment laws must be overhauled to toughen controls on land clearing and impose tighter restrictions on ministerial powers, a Senate report says.

It warns current laws are failing to deal with the ''devastating impact'' of land clearing across Australia, including an accelerated rate of species loss.

The report raises concerns about the inability to challenge ministerial decisions on development approvals, endangered species listings or recovery plans for threatened plants and wildlife.

Co-director of the Australian National University's centre for climate law, Andrew Macintosh, has also questioned the cost-effectiveness of the Federal Environment Protection and Biodiversity Conservation Act, which was passed in 1999 and amended in 2006.

In a new book to be published later this year, he estimates the annual cost of administering the Act may have blown out to $30 million well above the Government's published estimate of $13 million.

''To justify such a large administrative expense, along with the associated compliance costs, there should be clear evidence of positive improvements in environmental outcomes,'' Dr Macintosh said.

He said the Act had limited application to land clearing and climate change, two of the biggest threats to biodiversity, and little effort had been made by the Federal Government to monitor compliance and enforce relevant laws.

The Senate report says several submissions to the inquiry investigating the Act's effectiveness, suggested it ''does not actually protect or require protection of anything'' and falls short of meeting Australia's international obligations under the World Heritage agreement.

Submissions to the inquiry suggested developers were exploiting a loophole in the Act, by breaking up big projects into smaller components to play down their total environmental impact.

As a result, Australia's native plants and animals face ''a death of a thousand cuts'' as piecemeal developments progressively erode remaining habitat, the report said.

The Senate committee was also concerned that ''ministerial discretion'' and delays in assessing threatened species listings ''are undermining the credibility of the nomination and listing process''.

The report recommends the Government ''consider including a land clearing trigger in the Act'', but in additional comments appended to the report, the Australian Greens have urged a tougher stance.

In a joint statement, Senator Rachel Siewert and Senator Scott Ludlum said the Act had ''effectively bureaucratised the protection of the environment and the conservation of biodiversity producing a moribund box-ticking approach''.

Australian Conservation Foundation spokeswoman Amy Hankinson said Australia is '' long overdue for strong laws that grapple with land clearing''.

She said it remains a major environmental threat and is Australia's fourth largest contributor to greenhouse gas emissions.

A spokesman for federal Environment Minister Peter Garrett said the issue of new triggers for the Act ''including greenhouse and land clearing'' is within the terms of reference for a statutory review of the Act, currently being conducted by former ANU chancellor Allan Hawke.

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Interestingly, the NSW farmers association took a survey of its membership last year to find that they had a net loss of productive land back into bushland and that most of NSW land clearing was being done for urban residential and industrial development

The Australian conservation society didn’t want to believe this at the time because it contradicted their own anti-farmer prejudiced propaganda.

Since then, Australian farmers productivity has been decreasing, mainly on the back of declining agricultural productive land area due to reforestation and urban encroachment.

Posted by bashed and beaten farmer, 26/03/2009 12:08:41 PM
I'll be calling on the Senate to pay up on my country they won't let me clear. I'll need compensation for lost income and a devalued asset. We, the farmers, want justice.
Posted by THE FARMER, 26/03/2009 3:05:42 PM
A strange finding indeed. It must be big developers and those using land not zoned for agriculture because the Queensland land clearing laws have wrecked any chance of any expansion of farming activities on agricultural lands in the wet tropics in the name of conservation of essential habitat for endangered species.

This is despite the mapping lacking accuracy or scientific credibility, without evidence of the presence of the endangered species and without compensation or buyouts as required under conservation laws.

In Queensland, any mention of land clearing is just used as another means of 'bush bashing' by this state government.

The situation re: non-agricultural (that is, urban) land may be different, where developers may circumvent the laws using slick lawyers and perhaps 'money talks'.

Posted by Green landowner, 27/03/2009 5:40:42 AM
Farmers and graziers must demand and receive carbon credits for their uncleared land and compensation for protecting the huge diversity of natural environment and the species of animals and insects etc that depend on it.
Posted by jimmy, 27/03/2009 7:42:44 AM
We are overgoverned and it isn't working. Local councils control land clearing and we see what happenned in Victoria, where the extreme was that people couldn't even clear fire breaks around their homes.

The Tasmanian Governemnt is selling off public timber reserves for woodchip which should be locked up for preservation. Farmers are offered a pittance to lock up their land to conserve species which have survived curent grazing practices for over a 100 years, or they wouldn't be there, but still the experts tell us what we are doing is wrong.

People in offices make jobs for themselves by ciculating paper documents that need to be filled out but serve no real purpose.

If the Govenment is serious about conservation it should buy the land and lock it up not let farmers buy it and then tell them they can't use it.

$30 million a year would buy a lot of land. At least some of it could then be let out for grazing purposes.

Oops! I forgot those animals that have been grazing in open forest for years do terrible damage. I wonder, however, why such forests are still there.

Nothing to do with the undergrowth controlled by well managed grazing practices?

Posted by Helen Clark, 27/03/2009 8:37:02 AM
In reply to "The Farmer" and the view on compensation. Compensation in the real world is a two-way street.

It's fine to demand compensation for your perceived loss of income because you can’t clear your scrub, but you should also be paying the community for the damage you cause, be it through increased soil erosion, loss of biodiversity, reduction of water flows or increased salt loads.

And don’t get me started about the blatant subsidies you get for so called “repair” works under the guise of Landcare programs.

Posted by Big Bob, 27/03/2009 8:37:59 AM
Could someone explain to "Big Bob" that the major factor in reduced water flows is the ever expanding area of regrowth which uses more water than pasture.

Pasture maintenance in the form of the regular clearing of regrowth in paddocks is the one activity that prevents this loss of water flows.

Ironically, the Senate, and Bligh, are attempting to impose a "material change" on both farms and water flows without proper examination of the circumstances.

Posted by Ian Mott, 27/03/2009 9:35:19 AM
Hi, Ian...last time I looked, overallocation was the major cause of reduced flow in the Murray Darling Basin and not regrowth.

The rivers seemed to flow pretty well before we started to build dams etc. And before you start having a crack about the Murray drying up every year, have a read of some of the riverboat histories. They give a great feel for how big the floods used to be and how the rivers used to run before we stuffed them.

Anyway, my point wasn't about decreased flows per se. It was that compensation is a two-edged sword. As a taxpayer, I'd be happy to pay compensation if you can prove loss of income.

But at the same time, if you are causing the environmental or social damange, you should be paying me.

Posted by Big Bob, 27/03/2009 10:20:42 AM
Interesting that these fellows have learnt nothing from the bushfires in Victoria. Why don't they look outside their airconditioned offices and have a look at well run rural properties - plenty of trees, animals and fire breaks. Funny how the old farmer usually gets it right, yet these tree huggers cost us millions in compensation and the loss of lives, yet still get the government ear
Posted by Mrs Mac, 27/03/2009 11:17:33 AM
Big Bob, it’s really simple. All you have to do is buy the land then you can do what you like without paying anyone compensation.

Private land is owned but private people using their own money...where’s your money? Private land owners are not there to run national parks just for you, old squid.

Come on, Big Bob, put your money where the proverbial is...there is plenty of land you can buy, at market value, mine for example, because I’m sick and tired of battling people like you.

Posted by Dr Bob, 27/03/2009 12:02:10 PM
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