❓ Hon Robin Chapple questions the Department of Water and Environmental Regulation on unlawful roadside clearing incidents between 2016-2018, including investigations, outcomes, penalties, and revegetation efforts. The Minister provides data on reported cases, investigations, and outcomes, noting no fines or VCNs were issued, but warning letters and educational advice were given.
AnsweredQoN 1796Legislative Council
QuestionView source ↗
I refer to the list entitled, Unlawful and Excessive Roadside Clearing 2016-2018 , found here: https://robinchapple.com/unlawful-and-excessive-roadside-clearing-2016-2018 , and I ask: (a) for the years 2016-2018, how many cases of suspected unlawful clearing
of vegetation along roadsides (that is, clearing without a valid Clearing Permit)
or excessive clearing of vegetation along roadsides have been reported to
the Department of Water and Environmental Regulation; (b) how many of these have been investigated by the Department of Water and
Environmental Regulation; (c) how many of these investigations by the Department of Water and
Environmental Regulation have concluded that there has been unlawful
clearing or excessive clearing of vegetation along roadsides; (d) for what reason(s) did any of the Department of Water and Environmental
Regulation investigations undertaken in relation to (c), conclude that
there had not been unlawful clearing or excessive clearing of
vegetation along roadsides; (e) for
the years 2016-2018, have
any local governments or private landowners been fined for unlawful or
excessive clearing of roadsides; (f) if yes to (e), will the
Minister table a list of which local governments and landowners, what the fine
was for and how much the fine was; (g) if no to (e), why not; (h) have any of the local governments or private landowners been asked to
fund revegetation for roadsides that have been cleared; (i) if yes to (h), which ones; and (j) if no to (h), why not?
of vegetation along roadsides (that is, clearing without a valid Clearing Permit)
or excessive clearing of vegetation along roadsides have been reported to
the Department of Water and Environmental Regulation; (b) how many of these have been investigated by the Department of Water and
Environmental Regulation; (c) how many of these investigations by the Department of Water and
Environmental Regulation have concluded that there has been unlawful
clearing or excessive clearing of vegetation along roadsides; (d) for what reason(s) did any of the Department of Water and Environmental
Regulation investigations undertaken in relation to (c), conclude that
there had not been unlawful clearing or excessive clearing of
vegetation along roadsides; (e) for
the years 2016-2018, have
any local governments or private landowners been fined for unlawful or
excessive clearing of roadsides; (f) if yes to (e), will the
Minister table a list of which local governments and landowners, what the fine
was for and how much the fine was; (g) if no to (e), why not; (h) have any of the local governments or private landowners been asked to
fund revegetation for roadsides that have been cleared; (i) if yes to (h), which ones; and (j) if no to (h), why not?
AnswerView source ↗
Answered
19 February 2019
Responded by
Minister for Environment
Response time
9 days
(a) 104
(b) 104
(c) 59
(d) As of 12 February 2019, the Department of Water and Environmental Regulation found that of the 45 matters:
(e-j) The Department of Water and Environmental Regulation determines enforcement action in accordance with its interim Compliance and Enforcement Policy. In the event that the Department of Water and Environmental Regulation considers re-vegetation to be an appropriate enforcement outcome, a Vegetation Conservation Notice (VCN) is issued to prevent further unlawful clearing or re-establish native vegetation. The Department did not determine that a VCN was appropriate for any of the concluded investigations.
Similarly, in accordance with the interim Compliance and Enforcement Policy, no fines were imposed between 2016 and 2018. Warning letters and educational advice have been provided to some offenders as a result of the Department’s investigations.
The Department’s Compliance and Enforcement Policy will soon be going out for public consultation. I have asked the Director General to ensure that when read in conjunction with the legislation, the final Policy will act as a significant deterrent to illegal roadside vegetation clearing by facilitating the application of more appropriate enforcement tools and associated penalties to offenders.
(b) 104
(c) 59
(d) As of 12 February 2019, the Department of Water and Environmental Regulation found that of the 45 matters:
(e-j) The Department of Water and Environmental Regulation determines enforcement action in accordance with its interim Compliance and Enforcement Policy. In the event that the Department of Water and Environmental Regulation considers re-vegetation to be an appropriate enforcement outcome, a Vegetation Conservation Notice (VCN) is issued to prevent further unlawful clearing or re-establish native vegetation. The Department did not determine that a VCN was appropriate for any of the concluded investigations.
Similarly, in accordance with the interim Compliance and Enforcement Policy, no fines were imposed between 2016 and 2018. Warning letters and educational advice have been provided to some offenders as a result of the Department’s investigations.
The Department’s Compliance and Enforcement Policy will soon be going out for public consultation. I have asked the Director General to ensure that when read in conjunction with the legislation, the final Policy will act as a significant deterrent to illegal roadside vegetation clearing by facilitating the application of more appropriate enforcement tools and associated penalties to offenders.
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