A parliamentary question addresses alleged illegal land clearing at Liveringa Station, inquiring about the Department of Environmental Protection's actions, potential prosecution, extent of clearing, and further actions. The Minister's response indicates an ongoing investigation and potential breaches of environmental and pastoral lease regulations.

AnsweredQoN 1236Legislative Council
Asked
11 September 2003
Portfolio
Environment

QuestionView source ↗

With regard to alleged illegal land clearing along Snake Creek at Camballin on Liveringa Station earlier this year - (1) Since the land was cleared, what action has the Department of Environmental Protection taken? (2) Does it intend to prosecute the proponent of this land clearing under the terms of the amended Environmental Protection Act? (3) If no to (2), why not? (4) Will the minister outline her understanding of the extent and impact of this clearing? (5) Does the minister believe the case warrants further action; and, if so, what form will this action take? Hon TOM STEPHENS

AnswerView source ↗

(1) The Department of Environmental Protection is currently investigating whether the clearing triggers the transitional provision of the Environmental Protection Amendment Bill 2002 for unlawful clearing. The DEP has advised the leaseholder of the legislative requirements. (2) If the activities at Liveringa Station are found to breach the transitional provision in the Environmental Protection Amendment Bill, the DEP will determine whether to take enforcement action under this provision. (3) Answered by (2). (4) It is believed that approximately 280 hectares of land has been cleared. (5) Pending the finalisation of the investigation, the case may warrant further action. If the leaseholder is found to have breached the pastoral lease, the Pastoral Lands Board may choose to take action. Some works involving Snake Creek are also being investigated under the Rights in Water and Irrigation Act 1914.
(1) Since the land was cleared, what action has the Department of Environmental Protection taken? (2) Does it intend to prosecute the proponent of this land clearing under the terms of the amended Environmental Protection Act? (3) If no to (2), why not? (4) Will the minister outline her understanding of the extent and impact of this clearing? (5) Does the minister believe the case warrants further action; and, if so, what form will this action take? Hon TOM STEPHENS replied: (1) The Department of Environmental Protection is currently investigating whether the clearing triggers the transitional provision of the Environmental Protection Amendment Bill 2002 for unlawful clearing. The DEP has advised the leaseholder of the legislative requirements. (2) If the activities at Liveringa Station are found to breach the transitional provision in the Environmental Protection Amendment Bill, the DEP will determine whether to take enforcement action under this provision. (3) Answered by (2). (4) It is believed that approximately 280 hectares of land has been cleared. (5) Pending the finalisation of the investigation, the case may warrant further action. If the leaseholder is found to have breached the pastoral lease, the Pastoral Lands Board may choose to take action. Some works involving Snake Creek are also being investigated under the Rights in Water and Irrigation Act 1914.
(2) Does it intend to prosecute the proponent of this land clearing under the terms of the amended Environmental Protection Act? (3) If no to (2), why not? (4) Will the minister outline her understanding of the extent and impact of this clearing? (5) Does the minister believe the case warrants further action; and, if so, what form will this action take? Hon TOM STEPHENS replied: (1) The Department of Environmental Protection is currently investigating whether the clearing triggers the transitional provision of the Environmental Protection Amendment Bill 2002 for unlawful clearing. The DEP has advised the leaseholder of the legislative requirements. (2) If the activities at Liveringa Station are found to breach the transitional provision in the Environmental Protection Amendment Bill, the DEP will determine whether to take enforcement action under this provision. (3) Answered by (2). (4) It is believed that approximately 280 hectares of land has been cleared. (5) Pending the finalisation of the investigation, the case may warrant further action. If the leaseholder is found to have breached the pastoral lease, the Pastoral Lands Board may choose to take action. Some works involving Snake Creek are also being investigated under the Rights in Water and Irrigation Act 1914.
(3) If no to (2), why not? (4) Will the minister outline her understanding of the extent and impact of this clearing? (5) Does the minister believe the case warrants further action; and, if so, what form will this action take? Hon TOM STEPHENS replied: (1) The Department of Environmental Protection is currently investigating whether the clearing triggers the transitional provision of the Environmental Protection Amendment Bill 2002 for unlawful clearing. The DEP has advised the leaseholder of the legislative requirements. (2) If the activities at Liveringa Station are found to breach the transitional provision in the Environmental Protection Amendment Bill, the DEP will determine whether to take enforcement action under this provision. (3) Answered by (2). (4) It is believed that approximately 280 hectares of land has been cleared. (5) Pending the finalisation of the investigation, the case may warrant further action. If the leaseholder is found to have breached the pastoral lease, the Pastoral Lands Board may choose to take action. Some works involving Snake Creek are also being investigated under the Rights in Water and Irrigation Act 1914.
(4) Will the minister outline her understanding of the extent and impact of this clearing? (5) Does the minister believe the case warrants further action; and, if so, what form will this action take? Hon TOM STEPHENS replied: (1) The Department of Environmental Protection is currently investigating whether the clearing triggers the transitional provision of the Environmental Protection Amendment Bill 2002 for unlawful clearing. The DEP has advised the leaseholder of the legislative requirements. (2) If the activities at Liveringa Station are found to breach the transitional provision in the Environmental Protection Amendment Bill, the DEP will determine whether to take enforcement action under this provision. (3) Answered by (2). (4) It is believed that approximately 280 hectares of land has been cleared. (5) Pending the finalisation of the investigation, the case may warrant further action. If the leaseholder is found to have breached the pastoral lease, the Pastoral Lands Board may choose to take action. Some works involving Snake Creek are also being investigated under the Rights in Water and Irrigation Act 1914.
(5) Does the minister believe the case warrants further action; and, if so, what form will this action take? Hon TOM STEPHENS replied: (1) The Department of Environmental Protection is currently investigating whether the clearing triggers the transitional provision of the Environmental Protection Amendment Bill 2002 for unlawful clearing. The DEP has advised the leaseholder of the legislative requirements. (2) If the activities at Liveringa Station are found to breach the transitional provision in the Environmental Protection Amendment Bill, the DEP will determine whether to take enforcement action under this provision. (3) Answered by (2). (4) It is believed that approximately 280 hectares of land has been cleared. (5) Pending the finalisation of the investigation, the case may warrant further action. If the leaseholder is found to have breached the pastoral lease, the Pastoral Lands Board may choose to take action. Some works involving Snake Creek are also being investigated under the Rights in Water and Irrigation Act 1914.
Hon TOM STEPHENS replied: (1) The Department of Environmental Protection is currently investigating whether the clearing triggers the transitional provision of the Environmental Protection Amendment Bill 2002 for unlawful clearing. The DEP has advised the leaseholder of the legislative requirements. (2) If the activities at Liveringa Station are found to breach the transitional provision in the Environmental Protection Amendment Bill, the DEP will determine whether to take enforcement action under this provision. (3) Answered by (2). (4) It is believed that approximately 280 hectares of land has been cleared. (5) Pending the finalisation of the investigation, the case may warrant further action. If the leaseholder is found to have breached the pastoral lease, the Pastoral Lands Board may choose to take action. Some works involving Snake Creek are also being investigated under the Rights in Water and Irrigation Act 1914.
(1) The Department of Environmental Protection is currently investigating whether the clearing triggers the transitional provision of the Environmental Protection Amendment Bill 2002 for unlawful clearing. The DEP has advised the leaseholder of the legislative requirements. (2) If the activities at Liveringa Station are found to breach the transitional provision in the Environmental Protection Amendment Bill, the DEP will determine whether to take enforcement action under this provision. (3) Answered by (2). (4) It is believed that approximately 280 hectares of land has been cleared. (5) Pending the finalisation of the investigation, the case may warrant further action. If the leaseholder is found to have breached the pastoral lease, the Pastoral Lands Board may choose to take action. Some works involving Snake Creek are also being investigated under the Rights in Water and Irrigation Act 1914.
(2) If the activities at Liveringa Station are found to breach the transitional provision in the Environmental Protection Amendment Bill, the DEP will determine whether to take enforcement action under this provision. (3) Answered by (2). (4) It is believed that approximately 280 hectares of land has been cleared. (5) Pending the finalisation of the investigation, the case may warrant further action. If the leaseholder is found to have breached the pastoral lease, the Pastoral Lands Board may choose to take action. Some works involving Snake Creek are also being investigated under the Rights in Water and Irrigation Act 1914.
(3) Answered by (2). (4) It is believed that approximately 280 hectares of land has been cleared. (5) Pending the finalisation of the investigation, the case may warrant further action. If the leaseholder is found to have breached the pastoral lease, the Pastoral Lands Board may choose to take action. Some works involving Snake Creek are also being investigated under the Rights in Water and Irrigation Act 1914.
(4) It is believed that approximately 280 hectares of land has been cleared. (5) Pending the finalisation of the investigation, the case may warrant further action. If the leaseholder is found to have breached the pastoral lease, the Pastoral Lands Board may choose to take action. Some works involving Snake Creek are also being investigated under the Rights in Water and Irrigation Act 1914.
(5) Pending the finalisation of the investigation, the case may warrant further action. If the leaseholder is found to have breached the pastoral lease, the Pastoral Lands Board may choose to take action. Some works involving Snake Creek are also being investigated under the Rights in Water and Irrigation Act 1914.

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