A WA parliamentary question probes the government's intentions regarding amendments to the Conservation and Land Management Act and Regulations, specifically concerning ecologically sustainable forest management and ministerial powers. The response indicates ongoing consideration and planned redrafting of regulations.

AnsweredQoN 236Legislative Council
Asked
16 October 2002
Portfolio
Environment and Heritage

QuestionView source ↗

I refer to the Conservation and Land Management Act and Regulations. (1) Does the Government intend to amend the Conservation and Land Management Act to make the ecologically sustainable forest management provisions contained in the draft forest management plan legally binding and subject to third party enforcement? (2) If so, when? (3) If not, why not? (4) When will the Government debate the amendments to the Conservation and Land Management Act to remove the veto power over forest management plans currently held by the Minister for Forestry? (5) Does the Government intend to amend the Conservation and Land Management Regulations to remove the recent regulations that give new and greatly extended powers to the executive director in relation to state forests; for example, the right to prohibit camping and photography in state forests? (6) If so, when? (7) If not, why not? Hon TOM STEPHENS

AnswerView source ↗

The Minister for the Environment and Heritage has provided the following response - (1)-(3) The provisions of the next forest management plan will establish the framework for environmentally sustainable forest management as recommended by the independent Conservation Commission and assessed by the independent Environmental Protection Authority. Under section 19(1) of the Conservation and Land Management Act, the Conservation Commission has the statutory function of assessing and auditing the role of the Forest Products Commission and the Department of Conservation and Land Management in carrying out and complying with management plans. Thus the statutory provision already exists to ensure that the ESFM provisions of management plans are complied with. It should be noted also that section 12(1) of the Forest Products Act 2000 requires that the Forest Products Commission ensure that the principles of ESFM must be applied in the management of indigenous forest products located on public land. The further matter of whether the Conservation and Land Management Act should be amended to make the provisions of forest management plans legally binding and subject to third party enforcement has been the subject of consultation by the minister’s office after it was raised by the Environmental Defender’s Office (WA). The issues relating to that matter remain under consideration. (4) The Conservation and Land Management Amendment Bill 2002 was introduced in the Legislative Council on 20 June 2002 following its passage through the Legislative Assembly. There are 10 Bills on the Notice Paper that precede the listing of the Conservation and Land Management Amendment Bill. (5) Yes, the minister does intend that some of the regulations will be redrafted to clarify their intent and scope. (6) This matter is currently being progressed. (7) Not applicable.
(1) Does the Government intend to amend the Conservation and Land Management Act to make the ecologically sustainable forest management provisions contained in the draft forest management plan legally binding and subject to third party enforcement? (2) If so, when? (3) If not, why not? (4) When will the Government debate the amendments to the Conservation and Land Management Act to remove the veto power over forest management plans currently held by the Minister for Forestry? (5) Does the Government intend to amend the Conservation and Land Management Regulations to remove the recent regulations that give new and greatly extended powers to the executive director in relation to state forests; for example, the right to prohibit camping and photography in state forests? (6) If so, when? (7) If not, why not? Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following response - (1)-(3) The provisions of the next forest management plan will establish the framework for environmentally sustainable forest management as recommended by the independent Conservation Commission and assessed by the independent Environmental Protection Authority. Under section 19(1) of the Conservation and Land Management Act, the Conservation Commission has the statutory function of assessing and auditing the role of the Forest Products Commission and the Department of Conservation and Land Management in carrying out and complying with management plans. Thus the statutory provision already exists to ensure that the ESFM provisions of management plans are complied with. It should be noted also that section 12(1) of the Forest Products Act 2000 requires that the Forest Products Commission ensure that the principles of ESFM must be applied in the management of indigenous forest products located on public land. The further matter of whether the Conservation and Land Management Act should be amended to make the provisions of forest management plans legally binding and subject to third party enforcement has been the subject of consultation by the minister’s office after it was raised by the Environmental Defender’s Office (WA). The issues relating to that matter remain under consideration. (4) The Conservation and Land Management Amendment Bill 2002 was introduced in the Legislative Council on 20 June 2002 following its passage through the Legislative Assembly. There are 10 Bills on the Notice Paper that precede the listing of the Conservation and Land Management Amendment Bill. (5) Yes, the minister does intend that some of the regulations will be redrafted to clarify their intent and scope. (6) This matter is currently being progressed. (7) Not applicable.
(2) If so, when? (3) If not, why not? (4) When will the Government debate the amendments to the Conservation and Land Management Act to remove the veto power over forest management plans currently held by the Minister for Forestry? (5) Does the Government intend to amend the Conservation and Land Management Regulations to remove the recent regulations that give new and greatly extended powers to the executive director in relation to state forests; for example, the right to prohibit camping and photography in state forests? (6) If so, when? (7) If not, why not? Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following response - (1)-(3) The provisions of the next forest management plan will establish the framework for environmentally sustainable forest management as recommended by the independent Conservation Commission and assessed by the independent Environmental Protection Authority. Under section 19(1) of the Conservation and Land Management Act, the Conservation Commission has the statutory function of assessing and auditing the role of the Forest Products Commission and the Department of Conservation and Land Management in carrying out and complying with management plans. Thus the statutory provision already exists to ensure that the ESFM provisions of management plans are complied with. It should be noted also that section 12(1) of the Forest Products Act 2000 requires that the Forest Products Commission ensure that the principles of ESFM must be applied in the management of indigenous forest products located on public land. The further matter of whether the Conservation and Land Management Act should be amended to make the provisions of forest management plans legally binding and subject to third party enforcement has been the subject of consultation by the minister’s office after it was raised by the Environmental Defender’s Office (WA). The issues relating to that matter remain under consideration. (4) The Conservation and Land Management Amendment Bill 2002 was introduced in the Legislative Council on 20 June 2002 following its passage through the Legislative Assembly. There are 10 Bills on the Notice Paper that precede the listing of the Conservation and Land Management Amendment Bill. (5) Yes, the minister does intend that some of the regulations will be redrafted to clarify their intent and scope. (6) This matter is currently being progressed. (7) Not applicable.
(3) If not, why not? (4) When will the Government debate the amendments to the Conservation and Land Management Act to remove the veto power over forest management plans currently held by the Minister for Forestry? (5) Does the Government intend to amend the Conservation and Land Management Regulations to remove the recent regulations that give new and greatly extended powers to the executive director in relation to state forests; for example, the right to prohibit camping and photography in state forests? (6) If so, when? (7) If not, why not? Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following response - (1)-(3) The provisions of the next forest management plan will establish the framework for environmentally sustainable forest management as recommended by the independent Conservation Commission and assessed by the independent Environmental Protection Authority. Under section 19(1) of the Conservation and Land Management Act, the Conservation Commission has the statutory function of assessing and auditing the role of the Forest Products Commission and the Department of Conservation and Land Management in carrying out and complying with management plans. Thus the statutory provision already exists to ensure that the ESFM provisions of management plans are complied with. It should be noted also that section 12(1) of the Forest Products Act 2000 requires that the Forest Products Commission ensure that the principles of ESFM must be applied in the management of indigenous forest products located on public land. The further matter of whether the Conservation and Land Management Act should be amended to make the provisions of forest management plans legally binding and subject to third party enforcement has been the subject of consultation by the minister’s office after it was raised by the Environmental Defender’s Office (WA). The issues relating to that matter remain under consideration. (4) The Conservation and Land Management Amendment Bill 2002 was introduced in the Legislative Council on 20 June 2002 following its passage through the Legislative Assembly. There are 10 Bills on the Notice Paper that precede the listing of the Conservation and Land Management Amendment Bill. (5) Yes, the minister does intend that some of the regulations will be redrafted to clarify their intent and scope. (6) This matter is currently being progressed. (7) Not applicable.
(4) When will the Government debate the amendments to the Conservation and Land Management Act to remove the veto power over forest management plans currently held by the Minister for Forestry? (5) Does the Government intend to amend the Conservation and Land Management Regulations to remove the recent regulations that give new and greatly extended powers to the executive director in relation to state forests; for example, the right to prohibit camping and photography in state forests? (6) If so, when? (7) If not, why not? Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following response - (1)-(3) The provisions of the next forest management plan will establish the framework for environmentally sustainable forest management as recommended by the independent Conservation Commission and assessed by the independent Environmental Protection Authority. Under section 19(1) of the Conservation and Land Management Act, the Conservation Commission has the statutory function of assessing and auditing the role of the Forest Products Commission and the Department of Conservation and Land Management in carrying out and complying with management plans. Thus the statutory provision already exists to ensure that the ESFM provisions of management plans are complied with. It should be noted also that section 12(1) of the Forest Products Act 2000 requires that the Forest Products Commission ensure that the principles of ESFM must be applied in the management of indigenous forest products located on public land. The further matter of whether the Conservation and Land Management Act should be amended to make the provisions of forest management plans legally binding and subject to third party enforcement has been the subject of consultation by the minister’s office after it was raised by the Environmental Defender’s Office (WA). The issues relating to that matter remain under consideration. (4) The Conservation and Land Management Amendment Bill 2002 was introduced in the Legislative Council on 20 June 2002 following its passage through the Legislative Assembly. There are 10 Bills on the Notice Paper that precede the listing of the Conservation and Land Management Amendment Bill. (5) Yes, the minister does intend that some of the regulations will be redrafted to clarify their intent and scope. (6) This matter is currently being progressed. (7) Not applicable.
(5) Does the Government intend to amend the Conservation and Land Management Regulations to remove the recent regulations that give new and greatly extended powers to the executive director in relation to state forests; for example, the right to prohibit camping and photography in state forests? (6) If so, when? (7) If not, why not? Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following response - (1)-(3) The provisions of the next forest management plan will establish the framework for environmentally sustainable forest management as recommended by the independent Conservation Commission and assessed by the independent Environmental Protection Authority. Under section 19(1) of the Conservation and Land Management Act, the Conservation Commission has the statutory function of assessing and auditing the role of the Forest Products Commission and the Department of Conservation and Land Management in carrying out and complying with management plans. Thus the statutory provision already exists to ensure that the ESFM provisions of management plans are complied with. It should be noted also that section 12(1) of the Forest Products Act 2000 requires that the Forest Products Commission ensure that the principles of ESFM must be applied in the management of indigenous forest products located on public land. The further matter of whether the Conservation and Land Management Act should be amended to make the provisions of forest management plans legally binding and subject to third party enforcement has been the subject of consultation by the minister’s office after it was raised by the Environmental Defender’s Office (WA). The issues relating to that matter remain under consideration. (4) The Conservation and Land Management Amendment Bill 2002 was introduced in the Legislative Council on 20 June 2002 following its passage through the Legislative Assembly. There are 10 Bills on the Notice Paper that precede the listing of the Conservation and Land Management Amendment Bill. (5) Yes, the minister does intend that some of the regulations will be redrafted to clarify their intent and scope. (6) This matter is currently being progressed. (7) Not applicable.
(6) If so, when? (7) If not, why not? Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following response - (1)-(3) The provisions of the next forest management plan will establish the framework for environmentally sustainable forest management as recommended by the independent Conservation Commission and assessed by the independent Environmental Protection Authority. Under section 19(1) of the Conservation and Land Management Act, the Conservation Commission has the statutory function of assessing and auditing the role of the Forest Products Commission and the Department of Conservation and Land Management in carrying out and complying with management plans. Thus the statutory provision already exists to ensure that the ESFM provisions of management plans are complied with. It should be noted also that section 12(1) of the Forest Products Act 2000 requires that the Forest Products Commission ensure that the principles of ESFM must be applied in the management of indigenous forest products located on public land. The further matter of whether the Conservation and Land Management Act should be amended to make the provisions of forest management plans legally binding and subject to third party enforcement has been the subject of consultation by the minister’s office after it was raised by the Environmental Defender’s Office (WA). The issues relating to that matter remain under consideration. (4) The Conservation and Land Management Amendment Bill 2002 was introduced in the Legislative Council on 20 June 2002 following its passage through the Legislative Assembly. There are 10 Bills on the Notice Paper that precede the listing of the Conservation and Land Management Amendment Bill. (5) Yes, the minister does intend that some of the regulations will be redrafted to clarify their intent and scope. (6) This matter is currently being progressed. (7) Not applicable.
(7) If not, why not? Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following response - (1)-(3) The provisions of the next forest management plan will establish the framework for environmentally sustainable forest management as recommended by the independent Conservation Commission and assessed by the independent Environmental Protection Authority. Under section 19(1) of the Conservation and Land Management Act, the Conservation Commission has the statutory function of assessing and auditing the role of the Forest Products Commission and the Department of Conservation and Land Management in carrying out and complying with management plans. Thus the statutory provision already exists to ensure that the ESFM provisions of management plans are complied with. It should be noted also that section 12(1) of the Forest Products Act 2000 requires that the Forest Products Commission ensure that the principles of ESFM must be applied in the management of indigenous forest products located on public land. The further matter of whether the Conservation and Land Management Act should be amended to make the provisions of forest management plans legally binding and subject to third party enforcement has been the subject of consultation by the minister’s office after it was raised by the Environmental Defender’s Office (WA). The issues relating to that matter remain under consideration. (4) The Conservation and Land Management Amendment Bill 2002 was introduced in the Legislative Council on 20 June 2002 following its passage through the Legislative Assembly. There are 10 Bills on the Notice Paper that precede the listing of the Conservation and Land Management Amendment Bill. (5) Yes, the minister does intend that some of the regulations will be redrafted to clarify their intent and scope. (6) This matter is currently being progressed. (7) Not applicable.
Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following response - (1)-(3) The provisions of the next forest management plan will establish the framework for environmentally sustainable forest management as recommended by the independent Conservation Commission and assessed by the independent Environmental Protection Authority. Under section 19(1) of the Conservation and Land Management Act, the Conservation Commission has the statutory function of assessing and auditing the role of the Forest Products Commission and the Department of Conservation and Land Management in carrying out and complying with management plans. Thus the statutory provision already exists to ensure that the ESFM provisions of management plans are complied with. It should be noted also that section 12(1) of the Forest Products Act 2000 requires that the Forest Products Commission ensure that the principles of ESFM must be applied in the management of indigenous forest products located on public land. The further matter of whether the Conservation and Land Management Act should be amended to make the provisions of forest management plans legally binding and subject to third party enforcement has been the subject of consultation by the minister’s office after it was raised by the Environmental Defender’s Office (WA). The issues relating to that matter remain under consideration. (4) The Conservation and Land Management Amendment Bill 2002 was introduced in the Legislative Council on 20 June 2002 following its passage through the Legislative Assembly. There are 10 Bills on the Notice Paper that precede the listing of the Conservation and Land Management Amendment Bill. (5) Yes, the minister does intend that some of the regulations will be redrafted to clarify their intent and scope. (6) This matter is currently being progressed. (7) Not applicable.
The Minister for the Environment and Heritage has provided the following response - (1)-(3) The provisions of the next forest management plan will establish the framework for environmentally sustainable forest management as recommended by the independent Conservation Commission and assessed by the independent Environmental Protection Authority. Under section 19(1) of the Conservation and Land Management Act, the Conservation Commission has the statutory function of assessing and auditing the role of the Forest Products Commission and the Department of Conservation and Land Management in carrying out and complying with management plans. Thus the statutory provision already exists to ensure that the ESFM provisions of management plans are complied with. It should be noted also that section 12(1) of the Forest Products Act 2000 requires that the Forest Products Commission ensure that the principles of ESFM must be applied in the management of indigenous forest products located on public land. The further matter of whether the Conservation and Land Management Act should be amended to make the provisions of forest management plans legally binding and subject to third party enforcement has been the subject of consultation by the minister’s office after it was raised by the Environmental Defender’s Office (WA). The issues relating to that matter remain under consideration. (4) The Conservation and Land Management Amendment Bill 2002 was introduced in the Legislative Council on 20 June 2002 following its passage through the Legislative Assembly. There are 10 Bills on the Notice Paper that precede the listing of the Conservation and Land Management Amendment Bill. (5) Yes, the minister does intend that some of the regulations will be redrafted to clarify their intent and scope. (6) This matter is currently being progressed. (7) Not applicable.
(1)-(3) The provisions of the next forest management plan will establish the framework for environmentally sustainable forest management as recommended by the independent Conservation Commission and assessed by the independent Environmental Protection Authority. Under section 19(1) of the Conservation and Land Management Act, the Conservation Commission has the statutory function of assessing and auditing the role of the Forest Products Commission and the Department of Conservation and Land Management in carrying out and complying with management plans. Thus the statutory provision already exists to ensure that the ESFM provisions of management plans are complied with. It should be noted also that section 12(1) of the Forest Products Act 2000 requires that the Forest Products Commission ensure that the principles of ESFM must be applied in the management of indigenous forest products located on public land. The further matter of whether the Conservation and Land Management Act should be amended to make the provisions of forest management plans legally binding and subject to third party enforcement has been the subject of consultation by the minister’s office after it was raised by the Environmental Defender’s Office (WA). The issues relating to that matter remain under consideration. (4) The Conservation and Land Management Amendment Bill 2002 was introduced in the Legislative Council on 20 June 2002 following its passage through the Legislative Assembly. There are 10 Bills on the Notice Paper that precede the listing of the Conservation and Land Management Amendment Bill. (5) Yes, the minister does intend that some of the regulations will be redrafted to clarify their intent and scope. (6) This matter is currently being progressed. (7) Not applicable.
(5) Yes, the minister does intend that some of the regulations will be redrafted to clarify their intent and scope. (6) This matter is currently being progressed. (7) Not applicable.
(6) This matter is currently being progressed. (7) Not applicable.
(7) Not applicable.

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