REGIONAL NATIVE VEGETATION MANAGEMENT PLANS: A MODEL. Prepared for the World Wide Fund For Nature, December 2000

Transcription

1 REGIONAL NATIVE VEGETATION MANAGEMENT PLANS: A MODEL Prepared for the World Wide Fund For Nature, December 2000

2 REGIONAL N ATIVE VEGETATION MANAGEMENT PLANS: A MODEL This report was produced for the World Wide Fund For Nature (WWF) Australia. WWF Mission statement WWF aims to conserve nature and ecological processes by:! Preserving genetic, species and ecosystem diversity! Ensuring that the use of renewable natural resources is sustainable both now and in the longer term, for the benefit of all life on earth! Promoting actions to reduce to a minimum pollution and the wasteful exploitation and consumption of resources and energy WWF's ultimate goal is to stop, and eventually reverse, the accelerating degradation of our planet's natural environment and to help build a future in which humans live in harmony with nature. Contact us World Wide Fund For Nature Australia GPO Box 528 Sydney NSW 2001 Enquiries: enquiries@wwf.org.au Internet: Become a supporter Call for more information. Donations of $2 or more are tax deductible. ISBN: Cover photo credits Background - Inset from left - S Woldhek/WWF 2000, Barmah-Millewa forest Vic/NSW. A Jones/WWF 2000, Fivebough Swamp NSW; J Pittock/WWF 2000, Monaro Grasslands ACT; A Gilfillan/WWF 1999, Paroo River NSW.

3 ACKNOWLEDGEMENTS...3 ABOUT THIS REPORT...4 PART A...5 SUMMARY...5 RECOMMENDATIONS...6 Role of Commonwealth Government...6 State Government Responsibilities...6 Regional Vegetation Management Plans...7 CHAPTER 1: INTRODUCTION Background Benefits of native vegetation conservation Australia's commitment to the environment The Southern Mallee Regional Guidelines: A Case Study...13 CHAPTER 2: PLANNING AND LEGISLATIVE RESPONSE TO NATIVE VEGETATION MANAGEMENT National New South Wales Queensland Victoria...23 CHAPTER 3: FEDERAL AND STATE NATIVE VEGETATION LEGISLATION - A CRITICAL DISCUSSION Discussion Conclusion Recommendations Comparison of Vegetation Management Planning Legislation...33 PART B...45 CHAPTER 4: TOWARDS A BEST PRACTICE MODEL Regional native vegetation management committees WWF Recommended Goals, Objectives and Actions in a Regional Vegetation Management Plan Duty of Care Summary Recommendations...58 PART C...61 CHAPTER 5: CONSERVATION REVIEW OF DRAFT REGIONAL VEGETATION MANAGEMENT PLANS Plans Reviewed What do the plans set out to achieve? How do they seek to achieve their objectives? Summary of conservation review of draft plans Discussion

4 PART D...77 APPENDIX A: LIST OF KEY RELEVANT LEGISLATION...77 APPENDIX B: CHRONOLOGY OF KEY COMMONWEALTH, NSW, QUEENSLAND AND VICTORIAN LEGISLATION, POLICIES, STRATEGIES AND PLANS RELEVANT TO NATIVE VEGETATION...78 APPENDIX C: LIST OF RELEVANT AGENCIES...79 APPENDIX D: GUIDELINES FOR DEVELOPING A REGIONAL VEGETATION MANAGEMENT PLAN...81 APPENDIX E: DESIRED NATIVE VEGETATION OUTCOMES...85 APPENDIX F: EXTRACT FROM THE COMMUNITY ACTION BOOK...88 APPENDIX G: EXTRACTS FROM THE NATIONAL FRAMEWORK FOR THE MANAGEMENT AND MONITORING OF AUSTRALIA S NATIVE VEGETATION...90 APPENDIX H: THE MURRAY-DARLING BASIN...91 REFERENCES...95 GLOSSARY

5 ACKNOWLEDGEMENTS This report was written by James Ross, Offor Sharp & Associates and Louise Blazejowska, the Environmental Defenders Office (EDO) NSW. The authors gratefully acknowledge the assistance of the following people who researched and provided comments on the draft text including: Philippa Walsh, Annee Lawrence, Tim Holden, Jo-Anne Bragg, Robin Dyall, Alecia Jones, Sharelle Hart. The authors gratefully acknowledge the use of extracts and information from the following works: ANZECC, 'National Framework for the Management and Monitoring of Australia's Native Vegetation', December Council of Social Service of NSW, 'Community Action Book', May 1987, edited by Marie Flood and Annee Lawrence. About the Murray-Darling Basin, Environment SA Vol. 8, No 1, The editor for this report was Annee Lawrence. 3

6 ABOUT THIS REPORT This report was commissioned by the World Wide Fund for Nature to examine various draft native vegetation regional management plans that have been developed within the Murray-Darling Basin. The report also seeks to identify key elements of an approach or model that could be successfully and consistently used across many regions to achieve effective regional planning for both biodiversity conservation and sustainable agriculture. The reason for focussing on the Murray-Darling Basin is its ecological and socio-economic significance in the Australian landscape. Apart from being Australia's largest river basin (comprising 14% of Australia's land mass), it supports much of Australia's agricultural industry (40% of Australian produce comes from the area), and contains a tenth of Australia's population (2 million people). The report focuses on three States NSW, Queensland and Victoria. Chapters 2 and 3 examine the legislation relating to the protection of native vegetation by the Commonwealth and State governments that are concerned with the Murray- Darling Basin Chapter 4 recommends a best practice model for the development, implementation and evaluation of regional native vegetation management plans that could be used across the whole Murray-Darling Basin. Chapter 5 assesses how the relevant legislation informs various regional vegetation management plans being used and compares their likely conservation outcomes The plans selected for comparison include: Queensland St George-Dirranbandi (Shire of Balonne) Local Tree Clearing Guidelines NSW Southern Mallee Regional Guidelines for the Development of Land Use Agreements; Draft Mid-Lachlan Regional Vegetation Management Plan Victoria draft Goulburn Broken Native Vegetation Management Strategy; draft Corangamite Native Vegetation Plan. A glossary of terms used in the report is provided within the Glossary pg 99. 4

7 PART A SUMMARY Native vegetation underpins the biodiversity systems that sustain agricultural and other activities in the long term. It forms the basis for healthy, functioning ecosystem services including soil formation, nutrient storage and cycling, plant pollination and pollution breakdown and absorption. It also provides habitats for plants, birds, fish and animals and helps control salinity and erosion. Native vegetation plays an associated role in land management issues including water quality, healthy waterways and the control of greenhouse gases. It makes a direct contribution to economic prosperity by providing valuable timber resources and other products, food and the raw materials for a wide range of products including medicinal goods and the means to control pest plants, animals and diseases. It provides shelter for stock and crops. By making a more pleasant environment in which to live, it increases property values, provides a setting for recreation and tourism and improves our quality of life. It also has aesthetic, scientific, recreational and cultural values, particularly for Aboriginal and Torres Strait Islander people. Despite promising developments and greater awareness at all levels of the benefits of rehabilitating, restoring and protecting native vegetation, there is little evidence that State Governments will succeed in reversing the long term decline in the quality and extent of Australia s native vegetation cover by June This report looks at some of the barriers that currently contribute to this. The work contributed in the regions to developing regional vegetation management plans was mostly carried out before the development of the National Framework and without clear State guidelines for their development. As a result, they often lack a clear vision that could have guided planning or encouraged them to establish minimum standards and concrete targets for the effective protection and management of native vegetation. To date, no plans have been approved for implementation so their success as vehicles for native vegetation conservation remains is yet to be evaluated. This report contributes a model that, if used across regions and jurisdictions, will result in a consistency of approach to the planning and management of native vegetation in the Murray-Darling Basin. 5

8 RECOMMENDATIONS Role of Commonwealth Government Recommendation 1: That the Commonwealth Government provide leadership in developing a strategic national approach and set of principles for the management of native vegetation and other natural resources, in consultation with the States. Recommendation 2: That the Commonwealth Government set national goals, objectives, priorities, outcomes and benchmarks for native vegetation management in consultation with the States. Recommendation 3: That the Commonwealth Government enhance co-operation between the Commonwealth, State, regional and local levels and among States, to ensure the integration of native vegetation management approaches with other natural resource strategies. Recommendation 4: That the Commonwealth Government monitor, evaluate and report on the performance of the States in meeting national goals, objectives priorities, outcomes and benchmarks for native vegetation management, and report its findings to the Commonwealth Parliament. Recommendation 5: That there is an urgent need to promote and gain conservation management agreements over land of high conservation value, both public and private, throughout the Murray-Darling Basin and that Governments make a genuine commitment to provide the necessary resources to meet their obligations under such agreements. Recommendation 6: That the Commonwealth Government actively use economic incentives to ensure that voluntary commitments by State and Territory Governments to protect native vegetation are honoured. Recommendation 7: That the Commonwealth Government periodically assess whether Commonwealth legislation, policies and programs remain appropriate and effective for meeting the national goals and objectives of native vegetation management. The operation of such legislation, policies and programs should be audited by the Auditor General. Recommendation 8: That land clearing be added as a trigger under the Environment Protection and Biodiversity Conservation Act State Government Responsibilities Recommendation 9: That the States develop and implement national and State program goals, objectives, priorities, outcomes and benchmarks relating to native vegetation management. Recommendation 10: That the States adopt a whole of government approach to the management of native vegetation in the environmental, social and economic interests of the State. Recommendation 11: That States enact native vegetation management legislation that is integrated, co-ordinated, accountable and, where possible and appropriate, consistent across all jurisdictions. Recommendation 12: That States include in their legislation a vision for the future of native vegetation that can guide regional planning and management towards ecologically sustainable development. 6

9 Recommendation 13: That State native vegetation management legislation adopt, where possible and appropriate, consistent terminology across jurisdictions. Recommendation 14: That State native vegetation management legislation apply across all tenures. Recommendation 15: That State native vegetation management legislation promotes the development of regional vegetation management plans on a bioregional basis. Recommendation 16: That the States provide guidance in the development of regional vegetation management plans through the setting of benchmarks and minimum standards for native vegetation management. Recommendation 17: That State native vegetation management legislation include a range of enforcement mechanisms including stop work orders, orders for remediation and the ability of third parties to bring actions to restrain breaches. Recommendation 18: That State native vegetation management legislation and programs include incentive schemes for landholders to enter into property conservation agreements. Recommendation 19: That State native vegetation management legislation and programs include monitoring and evaluation mechanisms. Recommendation 20: That State Government agencies responsible for native vegetation management commit themselves to the proper and effective administration and enforcement of native vegetation legislation and policies. Recommendation 21: That regional vegetation management plans have legal status. Regional Vegetation Management Plans Recommendation 22: Regional vegetation management plans should aim to increase both the quality and extent of native vegetation and combat the continuing decline of biodiversity across the Murray-Darling Basin. Recommendation 23: That bioregional planning and catchment planning processes properly inform vegetation planning processes so that targets and objectives for vegetation planning are consistent with targets and objectives set by bioregional planning. 7

10 Recommendation 24: Regional vegetation management plans should: apply consistently across all landuse tenures and all native vegetation types set clear achievable objectives and targets based on ecological, greenhouse, cultural and economic sustainability prevent irreversible and irreplaceable loss of species, communities, areas and features increase the overall extent and quality of native vegetation consider cumulative impacts allow for a range of implementation mechanisms be supported by adequately funded incentive and education programs specifically protect native vegetation of high conservation or cultural value be responsive/adaptive to changes in information and policy establish a duty of care for all landholders to manage native vegetation and identify the extent and nature of this obligation Recommendation 25: Plans should be developed by regional committees, that include broad stakeholder representation and expertise in native vegetation management, such as the NSW committees. The regional committees should be provided with sufficient administrative, financial and technical support necessary for them to carry out their role effectively and within a reasonable period of time. Recommendation 26: That habitats for all threatened species listed under State and Commonwealth legislation as well as ecological communities recognised as endangered or vulnerable in regional plans be protected from clearing. Recommendation 27: That all regional vegetation management plans set targets for the development of comprehensive, adequate and representative (CAR) reserve systems and include measures by which those targets will be met. Recommendation 28: That regional vegetation management plans ensure that public land which has significant conservation value or potential to support significant conservation values is managed and protected in order to conserve these values. Recommendation 29: Under regional plans any change of landuse require a permit that considers any potential adverse effects on native vegetation and regional sustainability. Recommendation 30: That the full cost of loss of native vegetation, including the effects on fauna populations, greenhouse gas emissions, potential land degradation costs and the cost of vegetation re-establishment, be considered in assessing any application to clear. Recommendation 31: Permission to destroy native vegetation not be granted on the basis of 'compensatory' revegetation or restoration. Recommendation 32: Regional vegetation management plans meet the requirements set down in Table 3 and be developed in accordance with the principles recommended in 'What are our principles?' Chapter 4. 8

11 CHAPTER 1: INTRODUCTION In NSW and in Australia generally, most habitat loss is the result of clearing and grazing, which is associated with our agricultural and pastoral industries The paths lie clearly before us. On the one hand we can continue as we are now, on the other we can change our thinking and our ethos. On the first path we face mass extinction with who knows what ultimate consequences. The alternative path requires huge effort to bring about social change and entails, not just undertaking the science which allows us to understand ecology, decline and restoration, but embracing the themes put forward by Western (1989) in our capacity as scientists and conservationists. Overcoming habitat loss, however, is not the job of scientists or Governments or landholders working in isolation. This very large and difficult undertaking requires the active support and co-operation of the human community if success is to be a viable option(d P Sivertsen, 1995) 1.1 Background Since the 1980s there have been growing acceptance by State and Federal Governments in Australia of the economic, social and environmental value of native vegetation and the critical role it plays in promoting the sustainable management of all natural resources. Specifically, this value is linked to its unique adaptation to the soils, topography and climate of a local area and its importance in maintaining the environment. For this reason, the continuing loss of native vegetation and its consequences has become a major cause for alarm in our society. The chief causes of native vegetation loss are land clearing for agriculture, lack of effective management, incremental loss, and the effects of fragmentation and land degradation. Unfortunately these practices continue to result in the reduction in the variety of native vegetation, animal and birdlife and the complex ecosystems they form (biodiversity loss). There is also a decreased ability to maintain ecological processes and absorb environmental shocks and disturbances such as drought, fire, flood, exotic species invasion and climate change. In Queensland and NSW alone, annual native vegetation clearing continues at the rate of 400,000 hectares per annum. In many areas of South Australia, Victoria, NSW and increasingly Queensland, there is already extensive land degradation due to rapidly rising watertables and salinisation - with consequent serious damage to the environment, water supply, infrastructure and agriculture. The costs of containing or reversing this damage are enormous: Approximately 72% of NSW is affected by some form of land degradation Dryland salinity costs $243 million per year in lost agricultural production. (Industry Commission 1997) Soil structure decline is costing Australian farmers around $2000 million annually (Industry Commission 1997) The cost to Australia of lost agricultural production, decreased quality and control measures due to weeds is estimated at $3.3 billion per annum (Commonwealth of Australia 1997). According to a report by Access Economics, the clearance of an additional hectare of land purchases a profit stream worth about $3 to $4. But it also results in an average release of 9.5 tonnes CO2-e. Based on Australian Greenhouse Office estimates that emissions credits would have a value between $10 and $50 a tonne, the social cost of the cleared land is between $95 and $475. 9

12 Australian Governments at all levels have expressed concern about land degradation, a concern that is shared by rural communities, farmers, environmentalists, Indigenous communities and the tourism industry. The challenge now is to educate the wider community and reverse the decline in the quality and extent of Australia s native vegetation. 1.2 Benefits of native vegetation conservation Table 1 details some of the benefits of maintaining the quality of native vegetation which have been well documented and include: the maintenance of biodiversity greater resilience to shocks to the ecosystem nutrient storage and soil formation maintenance of water quality carbon sinks reduction in the effects of salinity erosion and other forms of land degradation the preservation of rural communities tourism long term sustainable agricultural industries and land productivity. The financial benefit of vegetation retention can be surprisingly high. For example, water supplied to Melbourne from forested catchments has been valued at $250 million a year (DEST 1993). 10

13 Table 1 Environmental, social and economic benefits of conserving native vegetation. Environmental benefits include Social benefits include: Economic benefits, particularly for agriculture, maintaining biodiversity and ecological processes, including soil formation, nutrient storage and cycling, and providing habitat for fauna; protecting water resources, e.g. vegetation along creeks and streams, tapping nutrients and sediment, and reducing bank erosion; protecting soil from wind and water erosion; breaking down pollution; acting as carbon sinks that absorb greenhouse gases; contributing a vital part of the hydrological cycle including maintaining regional rainfall patterns. Provides places of scenic beauty; Provide sites for tourism and recreation; Providing places for research, education and scientific purposes; Maintaining the distinctive Australian landscapes. Maintaining or reducing watertable levels and ameliorating or preventing salinity through deep rooted vegetation in catchments; include: Providing shade for stock, thus reducing heat stress and leading to higher weight gains, improved fertility in sheep and improved milk production in diary cattle; Providing stock shelter which reduces lamb and sheep off-shears mortality and improves growth rates; Providing shelter and windbreaks for crops and pastures, reducing moisture loss and physical damage to crops; Preventing soil erosion and reversing other land degradation; Providing habitat for crop pest predators such as insectivorous bats and birds; Maintaining water quality and yields; Providing timber and timber products; Providing genetic resources for future development of pharmaceutical or agricultural products; Providing fodder resources, especially in drought; Providing a foundation for the apiary industry; Providing buffers between agriculture and other land uses, particularly in residential areas; Providing native pastures which are a very significant fodder resource for fine wool enterprises; Providing resources for native plant seed and wildflower harvesting; Providing potential gains from the trading of 'carbon credits' if an emissions trading scheme eventuates; Maintaining the productive capacity of land. Source: ANZECC (1999) 11

14 1.3 Australia's commitment to the environment During the early 1990s Australia became a signatory to two major international treaties on environmental issues, the Convention on Biological Diversity 1993 and the United Nations Framework Convention on Climate Change The Federal Government also began to take a more proactive role by seeking to establish multilateral and bilateral agreements with the States and Territories in relation to conservation of native vegetation. The National Framework for the Management and Monitoring of Australia s Native Vegetation (ANZECC) was published in December 1999 and the Environment Protection and Biodiversity Conservation Act 1999 commenced in Convention on Biological Diversity (1993) The Convention on Biological Diversity is an international partnership that was developed at the Earth Summit in Rio de Janeiro (1992) in recognition of the environmental, social, cultural and economic value of biodiversity and its significant ongoing reduction around the world. Signatories to the Convention are required to implement its objectives through national strategies, plans and programs. These include the integration of conservation and the sustainable management of biodiversity in areas such as agriculture. The Convention on Biological Diversity's objectives are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. The Convention is the first comprehensive, global agreement to address all aspects of biological diversity: genetic resources, species, and ecosystems. It recognises, for the first time, that the conservation of biological diversity is a common concern of humankind and must be an integral part of the development process. The United Nations Framework Convention on Climate Change (1992) The objective is to stabilise greenhouse gas concentrations in the atmosphere at levels that will prevent interference with the climate system as a result of human activities. Under the Convention, Australia and other nations are committed to promoting sustainable development, and developing and sharing environmentally sound technologies and know-how. This is in conjunction with promoting and co-operating in the conservation and enhancement of sinks (forests and other natural ecosystems that absorb greenhouse gases from the atmosphere) and reservoirs of all greenhouse gases including biomass, forests and oceans. Land clearing releases carbon dioxide into the atmosphere. It is responsible for up to 27% of total greenhouse gas emissions and decreases their absorption from the atmosphere (State of the Environment 1996). Greenhouse gases absorb infrared radiation and so keep the planet warmer than it would otherwise be. In 1998 the National Greenhouse Strategy recognised that increasing and protecting vegetation cover is an important means of enhancing Australia s greenhouse gas sink capacity. That is, its ability to absorb carbon dioxide from the atmosphere, thereby reducing the global level of greenhouse gases. National Framework for the Management and Monitoring of Australia s Native Vegetation (1999) Under the National Framework the Commonwealth, State and Territory Governments have committed themselves, through the Natural Heritage Trust, to reverse the long term decline in the quality and extent of Australia s native vegetation cover by June 2001 (ANZECC 1999). This document sets out a national approach to the management and monitoring of Australia s native vegetation and provides a process through which native vegetation commitments can be implemented. It acknowledges that different mixes of management and monitoring mechanisms will be appropriate in different jurisdictions and supports a regional planning and management approach. 12

15 1.4 The Southern Mallee Regional Guidelines: A Case Study The Southern Mallee Regional Planning area is wholly within the Shires of Wentworth and Balranald in NSW. The region's vegetation comprises a wide variety of semi-arid vegetation types. Six per cent of this region has been cleared for pasture management, cropping and irrigation. A similar area is held in the form of conservation reserves, with the remaining 89% extensively grazed by livestock, and by native and feral herbivores. (Freundenberger et al 1997) The Southern Mallee Regional Planning Committee was formed in 1995 to resolve clearing and cultivation issues for the region. The Committee included representation from the local agricultural community, traditional Aboriginal owners, conservation groups and government. Initially the Committee experienced difficulty in resolving the aspirations of different stakeholders. In order to solve this problem, a proposal was prepared by Mr John Doyle with the support of the South West Land Managers Group. The proposal was to set aside areas for conservation in return for the right to clear and cultivate. Conservation areas would be designed to exclude, by fencing and closing watering points, grazing and protect conservation and cultural values. It was recognised by other members of the Committee that this proposal had the potential to greatly improve conservation of flora and fauna in the region by resolving two of the greatest conservation issues in the region: the clearing of habitat and the lack of regeneration of many plants due to grazing pressure. Investigation of the regional trade off proposal proceeded, beginning with mapping to allow identification of pre- European and current status of vegetation communities. CSIRO was then commissioned to: 1. Formulate a regional benchmark for the maximum limit of clearance for each vegetation community in the Southern Mallee Region. 2. Formulate a regional minimum benchmark area for each vegetation type that should be included in a reserve system in the Region. 3. Advise whether the criteria for varying benchmarks contained in the document Nationally Agreed Criteria (ANCZECC/MCFFA 1997) are appropriate for the Region. 4. Advise whether the Nationally Agreed Criteria for designing the spatial arrangements of a reserve system are appropriate for the Region. 5. Provide an overall assessment of the draft Regional Planning for Clearing and Cultivation in the Southern Mallee, NSW (DLWC, Buronga 1997) in terms of its potential net conservation benefit. The recommendations provided by CSIRO to the Committee were accepted and used as the basis for the current plan. Accordingly, the plan outlines a landscape in which each vegetation community is adequately reserved in public and private reserves, development within the landscape as a whole is limited and land is not developed beyond its capability. The Southern Mallee Regional Guidelines set many welcome precedents for NSW because they: have the genuine support and participation of conservation, Aboriginal, farming and local government stakeholders are based on sound environmental data independently verified by CSIRO will establish voluntary but legally binding on farm conservation areas that will make a significant contribution to a representative reserve system for the region establish a maximum clearing and minimum reservation target for each vegetation community. However the Southern Mallee Regional Clearing Guidelines remain without statutory force. This is of critical concern because of the potential for landowners and government to ignore the Guidelines. It is important to note that the process thus far has also been both time consuming and expensive. The cost to government of running the Southern Mallee Committee - including the provision of data was around $400,000 in the first 3 years. The cost of extension officers and fencing for reserves in the following years has also been significant. This is likely to be the case for all successful plans Nevertheless, considerable progress has been made implementing the Southern Mallee Plan and several property agreements have been approved by the Minister, thus creating approximately 50,000 ha of on-farm reserves to off-set the impact of clearing approvals. The Southern Mallee Plan demonstrates that the development of effective regional vegetation management plans by regional communities are possible it is up to State governments to adequately enforce them 13

16 CHAPTER 2: PLANNING AND LEGISLATIVE RESPONSE TO NATIVE VEGETATION MANAGEMENT This section summarises key Commonwealth, NSW, Queensland, and Victorian legislative, policy and administrative frameworks for native vegetation management and natural resources, and examines the extent to which they support native vegetation management through regional planning. It is by no means exhaustive. For example, in NSW, the focus is on the Native Vegetation Conservation Act 1997 and the Environmental Planning and Assessment Act 1979, yet at least 11 other pieces of legislation are also relevant due to the complex interrelationship of native vegetation management and other resources. For a list of legislation relevant to native vegetation planning and management in each State please see Appendix A. 2.1 National Although the States and Territories have primary responsibility for the management of soils, water, flora and fauna, the Commonwealth Government has progressively sought to influence or support State efforts in this area. In this it has been motivated by increased awareness and concern about land and water degradation issues as well as its responsibilities as a signatory to various international treaties on environmental issues such as the United Nations Framework Convention on Climate Change 1992 and the Convention on Biological Diversity See Introduction page 9. The Commonwealth s primary source of power to make laws is derived from the Constitution. Although there is no express power in the Constitution to legislate on environmental matters, the Commonwealth is able to use one or more of its other powers to deal with environmental matters. These include its external affairs power (used to enact international conventions), its federal financial powers (grants, taxation, expenditure powers and exclusive customs and excise powers), its national affairs power, and its trade and commerce power National agreements In the past decade, the Commonwealth Government has developed multilateral and bilateral native vegetation management agreements with State and Territory governments. Of these, the most significant are: Intergovernmental Agreement on the Environment (1992) Committed Commonwealth, State and Territory Governments to facilitating: A co-operative national approach to the environment A better definition of the roles of the respective governments A reduction in the number of disputes between the Commonwealth and the States and Territories on environmental issues Greater certainty of government and business decision making Better environment protection. COAG Heads of Agreement on Commonwealth/States Roles and Responsibilities for the Environment (1997) Recognised that conservation of native vegetation and fauna is a matter of national environmental significance and noted that the Commonwealth interest includes undertaking program and cooperative measures with the States/Territories and other interested parties to aid the management of native vegetation for sustainable use and conservation. National Heritage Trust of Australia Act 1997 was passed by Parliament in June 1997 and sets out the objectives of the National Heritage Trust, its activities, and how it will spend its funds. As the Commonwealth s major environmental and natural resource management initiative, the Trust funds a wide range of programs such as Bushcare, the National Landcare Program and Murray-Darling

17 Each program has its own goals and objectives which, if added, seek to reverse the decline in quality of Australia s natural environment. In order to establish a framework for the many activities funded by the Trust, the Commonwealth has entered into Partnership Agreements with each State and Territory Government in which they commit to reversing the long term decline in the quality and extent of Australia s native vegetation cover by June These Partnership Agreements describe the roles of the Commonwealth and State/Territory Governments, project funding arrangements, principles of program delivery and other formal contractual points. They encourage regional approaches to natural resource management through the promotion of regional vegetation management plans with a biogeographic basis and the encouragement of whole of property planning. They are almost identical for each State and Territory Commonwealth legislation Environment Protection and Biodiversity Conservation Act 1999 It commenced in July 2000 and constitutes the most profound change to Commonwealth environmental legislation in the last 25 years. It replaces other Commonwealth legislation including the Environment Protection (Impact of Proposals) Act 1974, the National Parks and Wildlife Conservation Act 1975, the World Heritage (Properties Conservation) Act 1983 and the Endangered Species Protection Act The Act implements key aspects of the 1997 COAG Heads of Agreement on Commonwealth/States Roles and Responsibilities for the Environment, aims to identify Commonwealth responsibilities in relation to environmental protection, and provides for an improved, integrated framework for the conservation of biodiversity. The key mechanisms for meeting these objectives include: Provision of a legislative base for co-operative identification and monitoring of biodiversity and bioregional planning Processes for listing threatened species and ecological communities, threatening processes and development and implementation of recovery/threat abatement plans Identification of matters of national environmental significance for the purposes of environmental assessment such as: listed threatened species, Ramsar wetlands, World Heritage properties Development of bilateral agreements between the Commonwealth and State/Territory Governments for the accreditation of State assessment and approval processes Management of Commonwealth reserves, Conservation Zones, World Heritage Areas and Ramsar Wetlands. Other Acts that affect native vegetation include: the Australian Heritage Commission Act 1975, the Australian Quarantine Act 1908 and the Natural Heritage Trust Act Policies, strategies and plans National policies, strategies and plans relevant to native vegetation include the National Framework for the Management and Monitoring of Australia s Native Vegetation, the National Reserve System, National Forest Policy Statement, National Strategy for Ecologically Sustainable Development, and national investment initiatives such as the National Heritage Trust. National Framework for the Management and Monitoring of Australia s Native Vegetation (1999) The National Framework is consistent with the Commonwealth role identified in the 1997 COAG Heads of Agreement on Commonwealth/States Roles and responsibilities for the Environment and is an initiative of the Australian and New Zealand Environment and Conservation Council (ANZECC), which consists of Commonwealth, State and Territory and New Zealand environment and conservation ministers and is a forum for discussion and the development of nationally coordinated policies and strategies relating to the environment. 15

18 The National Framework voluntarily commits every State and Territory to taking steps to halt the loss of native vegetation and to achieve a national goal to reverse the long- term decline in its quality and extent by June It builds on the bilateral agreements signed between the Commonwealth and States under the Bushcare program of the Natural Heritage Trust and identifies what it considers to be a consensus on best practice in regulation, planning, incentives, monitoring and evaluation of the management of native vegetation in: Regional vegetation management planning Revegetation strategies Land clearing regulation Threatened species legislation Land use codes of practice Land management incentives The role of local government Mapping and monitoring. The Commonwealth will support the implementation of the National Framework through the strategic allocation of National Heritage Trust funding. National Reserve System The Commonwealth, Territories and States have agreed to establish a comprehensive, adequate and representative National Reserve System under the National Heritage Trust. Its aim is to assist with the establishment of a comprehensive, adequate and representative system of protected areas to conserve Australia s native biodiversity'. (Commonwealth of Australia 1999) Financial and scientific support is also available to enable the purchase of ecologically significant areas of land for inclusion in the National Reserve System. It proposes to include samples of all ecosystems identified at a regional scale and will consider: the ecological requirements of rare or threatened species and rare or threatened ecological communities and ecosystems special groups of organisms, e.g. species with complex habitat requirements or mobile or migratory species or species vulnerable to disturbance which may depend on reservation for their conservation. National Forest Policy Statement (1992) After the Earth Summit in Rio de Janeiro in 1992, the Commonwealth, State and Territory Governments developed the National Forest Policy Statement which identifies eleven broad national goals and is yet to be fully implemented. A framework for action has been developed in the document, Plantations for Australia (1997), and the Wood and Paper Industry Strategy (1995) which also includes the target aimed of effectively trebling the area of Australia s plantations between 1996 and National Strategy for Ecologically Sustainable Development (1992) Its goal is development that improves the total quality of life, both now and in the future, and maintains the ecological processes on which life depends. Core objectives for achieving this goal are: To enhance individual and community well-being and welfare by following a path of economic development that safeguards the welfare of future generations To provide for equity within and between generations To protect biological diversity and maintain essential ecological processes and life-support systems. National Strategy for the Conservation of Australia s Biological Diversity (1996) This was developed in response to Australia's ratification of the Convention on Biological Diversity and aims to bridge the gap between current activities and the effective identification, conservation and management of Australia s biological diversity, particularly its indigenous biological diversity. Its goal is to protect biological diversity and maintain ecological processes and systems. 16

19 Prepared by the Australian and New Zealand Environment and Conservation Council (ANZECC), in consultation with various non-government agencies, the Strategy recognises that: The conservation of biological diversity provides significant cultural, economic, educational, environmental, scientific and social benefits for all Australians. There is a need for more knowledge and better understanding of Australia's biological diversity. There is a pressing need to strengthen current activities and improve policies, practices and attitudes to achieve conservation and sustainable use of biological diversity. Decision making processes should effectively integrate both long- and short-term economic, environmental, social and equity considerations. Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation (known as the Precautionary Principle). The global dimension of environmental impacts of actions and policies should be recognised and considered. Decisions and actions should provide for broad community involvement in issues that affect them. It adopts the following principles: Biological diversity is best conserved in-situ. Although all levels of government have clear responsibility, the co-operation of conservation groups, resource users, Indigenous peoples, and the community in general is critical to the conservation of biological diversity. It is vital to anticipate, prevent and attack at source the causes of significant reduction or loss of biological diversity. Processes for and decisions about the allocation and use of Australia's resources should be efficient, equitable and transparent. Lack of full knowledge should not be an excuse for postponing action to conserve biological diversity. The conservation of Australia's biological diversity is affected by international activities and requires actions extending beyond Australia's national jurisdiction. Australians operating beyond our national jurisdiction should respect the principles of conservation and ecologically sustainable use of biological diversity and act in accordance with any relevant national or international laws. Central to the conservation of Australia's biological diversity is the establishment of a comprehensive, representative and adequate system of ecologically viable protected areas integrated with the sympathetic management of all other areas, including agricultural and other resource production systems. The close, traditional association of Australia's Indigenous peoples with components of biological diversity should be recognised, as should the desirability of sharing equitably benefits arising from the innovative use of traditional knowledge of biological diversity. 17

20 This section examines legislation relating to the management of native vegetation and natural resources in NSW, Queensland and Victoria. Although the ACT and South Australia are also part of the Murray- Darling Basin they have not been included in this report. 2.2 New South Wales Legislation Three Acts underpin native vegetation management in NSW. The Native Vegetation Conservation Act 1997, which commenced on 1 January 1998, builds on and complements the Environmental Planning and Assessment Act 1979 and the Threatened Species Conservation Act Native Vegetation Conservation Act 1997 Its objects are to: provide for the conservation and management of native vegetation on a regional basis encourage and promote native vegetation management in the social, economic and environmental interests of the State protect native vegetation of high conservation value improve the condition of existing native vegetation encourage the revegetation and rehabilitation of land with appropriate native vegetation prevent the inappropriate clearing of vegetation promote the significance of native vegetation, in accordance with the principles of ecologically sustainable development. The Act promotes a tiered, regional approach to native vegetation management that: requires development consent to clear native vegetation excludes 16 types of clearing from the operation of the Act (for example, clearing authorised by other government bodies such as under the Noxious Weeds Act 1993) establishes Regional Vegetation Committees in non-metropolitan areas whose responsibility is to produce Regional Vegetation Management Plans (RVMPs). These Committees have wide representation including from relevant government agencies, local council, farmers, Aboriginal Land Councils and environmental groups continues to allow 12 exemptions in accordance with the Schedule to State Environment Planning Policy (SEPP) 46, but only until RVMPs have been prepared, when those exemptions will no longer apply and development consent will be in accordance with the RVMP. These exemptions include minimal clearing, burning, noxious weeds establishes a Native Vegetation Advisory Council, similar in composition to the Regional Vegetation Committees, whose role is to advise, monitor and report to the Minister on the status of native vegetation around the State includes provisions for the making of property agreements with covenants that qualify landholders for incentive schemes provides for the regulation of clearing for specific purposes, such as for the purpose of establishing a timber plantation, in accordance with a Native Vegetation Code of Practice provides for the issue of stop work orders and orders to undertake remedial work allows any person to restrain a breach of the Act provides for penalties of up to $111,000 establishes a Native Vegetation Management Fund of $15 million to provide incentives to property owners to enter into Property Agreements under the Act or Conservation Agreements under the National Parks and Wildlife Act Regional Vegetation Management Plans (RVMPs) Sections 24 to 36 of the Act deal with the preparation of RVMPs, their public exhibition, publication in the Government Gazette, and status once gazetted as an environmental planning instrument under the Environmental Planning and Assessment Act RVMPs are prepared by Regional Vegetation Committees where they exist or, in specially approved circumstances, by local government through the development of Local Environmental Plans (LEPs). 18

21 Unless repealed, RVMPs continue to be in force for 10 years and the Regional Vegetation Committees are responsible for monitoring and reviewing them. The system is still evolving. Drafts of the first plans were released for public exhibition in March and much of the State has had Regional Vegetation Committees (or local government) established and approved to prepare RVMPs or, in the case of local government, adjust their Local Environmental Plans to reflect native vegetation issues. The Mid-Lachlan pilot has shown that considerable resources ($100,000) are required in order to produce comprehensive plans. Although the number of plans, or equivalents, is yet to be determined, it is anticipated a total of 30 plans will be prepared. A template to assist Regional Vegetation Committees to prepare RVMPs is provided in a support package by the NSW Department of Land and Water Conservation. It also describes the minimum content requirements of a RVMP. In the meantime, those wishing to clear land must go through the usual development consent process which includes assessments and determinations by the Department of Land and Water Conservation. To assist the development of RVMPs or LEPs, the Department of Land and Water Conservation is currently finalising a NSW mapping strategy to address the sharing of data and gaps in existing information. Although $4 million has been allocated, the cost of comprehensive native vegetation mapping in NSW is estimated to be at least $20 million. Threatened species Legislation for the protection of threatened species in NSW includes the Threatened Species Conservation Act 1995 for terrestrial species and marine mammals and the Fisheries Management Act 1994 for fish and aquatic plants. Substantial provisions relating to threatened species are also contained in the National Parks and Wildlife Act 1974 and the Environmental Planning and Assessment Act The National Parks and Wildlife Service administers the Threatened Species Conservation Act and the National Parks and Wildlife Act 1974 and is responsible for the protection of terrestrial threatened species and marine mammals. The Department of Fisheries manages the Fisheries Management Act and is responsible for the protection of fish and aquatic plants. As well as protecting threatened species of flora or fauna, these laws can also protect certain populations and ecological communities. Schedules 1 and 2 of the Threatened Species Conservation Act list all threatened and vulnerable species respectively and the Scientific Committee, an independent body of scientists, oversees the listing process. The benefits of listing include: The Minister can declare areas of critical habitat for threatened species (although at the time of writing no critical habitat had been declared in NSW) Recovery plans must be prepared for threatened species Impacts on threatened species are taken into account when development consents are granted and, in some cases, a Species Impact Statement must be prepared There is a more rigorous regime in place for the issuing of licenses to harm threatened species than for other types of flora and fauna Stop work orders can be issued to protect threatened species There are significant penalties for the unauthorised harming of threatened species or their habitat Key threatening processes can be identified and listed that affect a species. 19