Indicator: BD-17 Institutional response to loss of native vegetation
Data
State Governments have responded in various ways to the ongoing loss of vegetation across the continent.
Commonwealth Government
The Commonwealth has a range of programs and legislation which, either directly or indirectly, inhibit land clearing, including the Natural Heritage Trust and the National Action Plan for Salinity and Water Quality.
The National Framework for the Management and Monitoring of Australia's Native Vegetation states that the Australian, 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. The framework is a vehicle through which implementation of this goal is to be achieved, in a unified and consistent manner, against an agreed framework of best practice management and monitoring measures.
Land clearing has also recently been listed as a key threatening process under the Environment Protection and biodiversity conservation Act.
More detail about Australian Government programs can be found at the Department of the Environment and Heritage website.
A short summary of commitments across jurisdictions under the National Action Plan and Natural Heritage Trust bilateral agreements can be found in the Australian Government Department of the Environment and Heritage Annual Report 2003-2004.
| Jurisdiction | Reforms |
|---|---|
| ACT | Stronger emphasis on biodiversity and vegetation management through land management agreements on all rural leases |
| NSW | Commitment to end broad-scale clearing and clearing of protected regrowth vegetation |
| NT | Commitment to control the clearing of native vegetation across all tenures |
| Qld | Commitment to protect all threatened vegetation communities and phase out clearing of remnant vegetation by 2006 |
| SA | Commitment to achieve a net gain in native vegetation quality and extent |
| Tas | Commitment to protect all threatened forest and non-forest vegetation communities and maintain at least 95 percent of the 1996 native forest estate on public land |
| Vic | Native vegetation management framework in place to achieve a net gain in native vegetation cover |
| WA | Environmental Protection Act 1986 now protects native vegetation |
Source: Department of Environment and Heritage 2004, Annual Report, 2003-2004, viewed N/A, http://www.deh.gov.au/about/annual-report/03-04/pubs/outcome-1.pdf
State and Territory native vegetation and biodiversity legislation
New South Wales
The Native Vegetation Act 2003 provides for the management of native vegetation on a regional basis; and prevents broadscale clearing unless it improves or maintains environmental outcomes. Approval is required to remove native vegetation (but not for clearing ‘regrowth’). Biodiversity objectives are pursued under the Threatened Species Conservation Act 1995
Level of reported illegal clearing increased steadily following the introduction of the Native Vegetation Conservation Act 1997 in January 1998.
Between 1998 and 2002, there were 705 reported breaches of the Act. No action was taken in approximately 70 per cent of these cases. However, warning letters were issued in about 20 per cent of cases and almost no cases were prosecuted.
Source: Productivity Commission 2004, Impacts of Native Vegetation and Biodiversity Regulations, Melbourne, viewed N/A, http://www.pc.gov.au/inquiry/nativevegetation/finalreport/nativevegetation.pdf
In October 2003 the NSW Government launched a $406 million plan designed to end broadscale land clearing. Most of the money is to go towards farmers restoring landscapes already damaged by land-clearing.
The key elements of the $406 million plan include:
- an end to broad scale land clearing
- cash injections to local communities to encourage good land care practices
- setting up 13 community-driven organisations across NSW to take responsibility for local natural resource management and services
- subsuming 72 boards and committees - including 19 Catchment Management Boards, 20 Regional Vegetation Committees and 33 Water Management Committees
- the creation of a Natural Resources Commission - a panel of independent experts which will set new natural resource management standards and audit the performance of the locally-driven organisations
- setting up a Natural Resources Advisory Council which will allow stakeholders to voice their opinions on natural resource matters.
Source: NSW Farmers Association 2004, press release, viewed 12 Aug 2004, http://www.nswfarmers.org.au/policy/native_vegetation
Victoria
Under the Planning and Environment Act 1987, landholders must obtain permits for the removal, destruction or lopping of native vegetation (with some exemptions). Objects include: the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity; and to provide for the fair, orderly, economic and sustainable use and development of land. There is provision for Regional Native Vegetation Plans but none has yet been finalised. The Flora and Fauna Guarantee Act 1988 aims to ensure that Victoria’s flora and fauna can ‘survive, flourish and retain their potential for evolutionary development in the wild’.
Queensland
The Vegetation Management Act 1999 (VM Act) makes clearing on freehold land assessable under the Integrated Planing Act 1997. The Land Act 1994 applies to leasehold land. Objects of the VM Act include regulating the clearance of native vegetation to maintain or increase biodiversity. The Vegetation (Applications for Clearing) Act 2003 imposes a moratorium on applications to clear remnant vegetation on freehold and leasehold land (clearing exempt under the VM Act or Land Act is not affected). In March 2003, the Government introduced the Vegetation Management and Other Legislation Bill 2004. Regulation of native vegetation clearance on both freehold and leasehold land is to be consolidated under this legislation. The Bill has been introduced to phase out clearing of remnant vegetation by 2006. The Nature Conservation Act 1992 focuses on conserving and managing native animals and plants and declaring and managing protected areas such as national parks. It allows for the declaration of protected areas on private property.
The Statewide Landcover and Trees Study identified 61 000 hectares of potential illegal clearing - 25 000 hectares on freehold land and 36 000 on leasehold land.
Western Australia
Native vegetation management is regulated under the Soil and Land Conservation Act 1945 (SLC Act), in conjunction with the Conservation and Land Management Act 1984 and the Environmental Protection Act 1986. Under the SLC Act, landholders intending to clear more than one hectare of vegetation for a change in land use are required to notify the Commissioner of Soil and Land Conservation. The Environmental Protection Amendment Act 2003 provides for a permit system for the clearance of native vegetation. A Biodiversity Conservation Bill is being developed to replace the Wildlife Conservation Act 1950.
Since July 2001, 3000 hectares of land have been reported as illegally cleared.
In 2001-02, four summonses were issued for failures to notify clearing, and one summons was issued in relation to breach of a Soil Conservation Notice.
South Australia
The primary legislation for native vegetation management in South Australia is the Native Vegetation Act 1991 (NV Act). The NV Act requires property managers, in matters not covered by an exemption, to submit a proposal to the Native Vegetation Council seeking approval for the clearance of native vegetation. The Council was established under the Act and has responsibility for overseeing all issues concerned with vegetation. The Council represents a range of interests including the South Australian Farmers’ Federation and the Conservation Council of South Australia.
Between 1998 and 2002, reported cases of alleged illegal clearing fluctuated between 120 and 152 per year.
In 2001-02, around 30 per cent of reported breaches were not taken further, and 17 per cent of cases ended in prosecution.
Tasmania
In 2002, the Forest Practices Act 1985 was amended to make clear that noncommercial clearing of forests for the purposes of agriculture is subject to the same environmental regulation applying to the commercial harvesting and clearing of forests.
In April 2003, as a result of a bilateral agreement with the Australian Government, the Tasmanian Government announced its intention to strengthen regulation of non-forest communities and ‘vulnerable’ forest communities. Biodiversity objectives are contained in the Threatened Species Protection Act 1995.
Source: Productivity Commission 2004, Impacts of Native Vegetation and Biodiversity Regulations, Melbourne, viewed N/A, http://www.pc.gov.au/inquiry/nativevegetation/finalreport/nativevegetation.pdf
There are a variety of voluntary programs in Tasmania funded by the State and Australian governments. Examples include:
- Private Forests Reserve Program
- Protected Areas on Private Land Program
- The voluntary component of the Non-forest Vegetation Program
- The Land for Wildlife Program
- Info on all these can be accessed via the DPIWE website
The Tasmania Together process identifies a range of targets with respect to the Tasmanian environment including reservation, protection and retention of native vegetation.
Source: Department of Primary Industry, Water and Environment, Unpublished Data, Contact: Brooke Craven, Brooke.Craven@dpiwe.tas.gov.au
Northern Territory
New native vegetation clearing controls for freehold and crown land were introduced in December 2002 under the Planning Act. Landholders are required to obtain a permit to clear more than one hectare of native vegetation. Pastoral leases are subject to clearing controls under the Pastoral Land Act.
Australian Capital Territory
The Land (Planning and Environment) Act 1991 establishes the Territory Plan. The Plan sets out when permits are required for the removal of remnant native vegetation. Since 1991, rural lessees have been required to enter into 5-year land management agreements with Environment ACT. The Nature Conservation Act 1980 provides for the establishment of a Nature Conservation Strategy that formulates conservation objectives and strategies.
Source: Productivity Commission 2004, Impacts of Native Vegetation and Biodiversity Regulations, Melbourne, viewed N/A, http://www.pc.gov.au/inquiry/nativevegetation/finalreport/nativevegetation.pdf
What the data mean
All jurisdictions have taken action over recent years to limit vegetation clearing although the practice continues, both legally and illegally
Issues for which this is an indicator and why
Biodiversity - Landscapes - Government action on landscape protection
An inventory of institutional responses to vegetation loss is a direct indicator for government action on landscape protection.
Other indicators for this issue:
- BD-19 Extent and comprehensiveness of terrestrial protected areas
- BD-24 Government investments to protect biodiversity for public good purposes
- NCH-01 Process of listing, area and distribution of identified natural heritage places
- NCH-05 Physical condition and integrity of a sample of natural heritage places
- NCH-09 Funding provided to heritage and other agencies for natural heritage places
- NCH-13 Changes in heritage legislation
- CO-34 Number and extent of Marine Protected Areas
- LD-27 Area and proportion of agricultural land under various aspects of "best practice"
- LD-28 Percentage and area of farms with planted trees
- LD-29 Area and proportion of forest under "best practice"
- LD-30 National area under plantation forestry
- LD-38 Regions with investments having a major focus on salinity
- AAT-13 Number and area of protected areas
Land - Societal responses - Responses to vegetation loss, carbon loss, species loss and species change
An inventory of institutional responses to vegetation loss is a direct indicator for broad community action addressing a range of pressures which arise from vegetation loss, including habitat loss, species loss and change, soil loss, salinity and soil acidity and loss of carbon sinks.
Other indicators for this issue:
- LD-27 Area and proportion of agricultural land under various aspects of "best practice"
- LD-28 Percentage and area of farms with planted trees
- LD-29 Area and proportion of forest under "best practice"
- LD-30 National area under plantation forestry
- LD-31 Success of programs to reduce carbon loss and increase carbon sequestration
- LD-38 Regions with investments having a major focus on salinity
- BD-06 Measures taken to conserve species or ecological communities on land that is not part of the national reserve system
Natural and Cultural Heritage - Responses to conserve heritage - Heritage legislation
Legislative responses to vegetation loss may also be indicators for legislative change in relation to natural heritage.
Other indicators for this issue:
Further Information
- Impacts of Native Vegetation and Biodiversity Regulations Inquiry Report
- The Australian Government's response to recommendations in the Productivity Commission inquiry into the impacts of native vegetation and biodiversity regulations
ACF’s response to Government response on Productivity Commission
- Land health and salinity
- Plan to end broad-scale land clearing (15 October 2003)
- A New Model for Landscape Conservation in New South Wales (PDF 56 KB)
- Native vegetation (PDF - 90 KB)
- New approach to natural resource management
- NSW Legislative Council Hansard
- Scientists spell out land clearing dangers
Key
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