❓ Hon Giz Watson questions the Minister for Environment regarding the environmental assessment of lease 661/97 under the EPBC Act. The Minister confirms no assessment was required due to a 'continuing use' exemption.
AnsweredQoN 817Legislative Council
QuestionView source ↗
ENVIRONMENT
PROTECTION AND BIODIVERSITY CONSERVATION ACT — LEASE 661/97
817. Hon GIZ WATSON to the minister representing the
Minister for Environment:
(1) Has lease
661/97 between the Conservation and Land Management Executive Body and Peter
Roy De Campo for fuel reduction by grazing in part of the state forest been
referred for assessment of environmental impacts under the Environment
Protection and Biodiversity Conservation Act 1999?
(2) If yes to (1) —
(a) when; and
(b) what was the outcome?
(3) If no to (l), why not?
PROTECTION AND BIODIVERSITY CONSERVATION ACT — LEASE 661/97
817. Hon GIZ WATSON to the minister representing the
Minister for Environment:
(1) Has lease
661/97 between the Conservation and Land Management Executive Body and Peter
Roy De Campo for fuel reduction by grazing in part of the state forest been
referred for assessment of environmental impacts under the Environment
Protection and Biodiversity Conservation Act 1999?
(2) If yes to (1) —
(a) when; and
(b) what was the outcome?
(3) If no to (l), why not?
AnswerView source ↗
I thank the member for some notice of this question.
(1) No.
(2) Not applicable.
(3) Lease 661/97
was first issued in March 1953 for the purpose of fuel reduction by grazing and
has been renewed at regular intervals since then. Fuel reduction by grazing is
viewed by the Department of Environment and Conservation as an appropriate
means of bushfire risk mitigation for this area. Sections 43A and 43B of the
Environment Protection and Biodiversity Conservation Act 1999 provide an
exemption for actions that are a continuing use. This exemption applies when the
action commenced before 16 July 2000; the use of the land, sea or seabed was
lawful; and the action has continued in the same location without enlargement,
expansion or intensification. It is therefore DEC's view that this
action does not require referral under the act.
(1) No.
(2) Not applicable.
(3) Lease 661/97
was first issued in March 1953 for the purpose of fuel reduction by grazing and
has been renewed at regular intervals since then. Fuel reduction by grazing is
viewed by the Department of Environment and Conservation as an appropriate
means of bushfire risk mitigation for this area. Sections 43A and 43B of the
Environment Protection and Biodiversity Conservation Act 1999 provide an
exemption for actions that are a continuing use. This exemption applies when the
action commenced before 16 July 2000; the use of the land, sea or seabed was
lawful; and the action has continued in the same location without enlargement,
expansion or intensification. It is therefore DEC's view that this
action does not require referral under the act.
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