A parliamentary question regarding the impact of the Environmental Protection Amendment Bill 2002 on landowners' ability to conduct normal farming practices in wetlands and watercourses. The response outlines permit requirements and exemptions for clearing native vegetation.

AnsweredQoN 109Legislative Council
Asked
11 March 2004
Portfolio
Environment

QuestionView source ↗

I refer to the Environmental Protection Amendment Bill 2002, specifically to do with wetlands, and ask - Given that wetlands and watercourses will be in the new Environmental Protection Act and that clearing in the Act will prevent draining, flooding, burning and grazing of stock etc on any native vegetation - (1) Will the private property owners in the lower Blackwood wetlands, Scott River wetland system, West Bay Creek floodplain, Glenarty Creek floodplains, Mokerdillup Road wetlands, Rogers Road swamp, Gibbs Road swamps, Kitchanning Brook floodplain, Sandalwood Road swamp, Moodiarrup Road swamp, Blackwood River floodplain, Qualeup wetlands, Parson swamp road wetlands and the Gnowergerup Brook floodplain - and about 20 other wetlands and floodplains - still be able to use their land for normal farm practices given that under the new Act one cannot remove or harm any native vegetation? (2) Under the definitions of clearing, wetlands, watercourse and riparian vegetation, will the Government give an assurance that the private owners in the above areas will not be prevented from using their land productively? Hon TOM STEPHENS

AnswerView source ↗

The honourable member gave up on her long list of - The PRESIDENT: Indeed, and we hope that any response that involved a long list would be tabled. Hon TOM STEPHENS: However, let us hope that the Hansard will record the long list for posterity. The Minister for the Environment has provided the following response - (1) Amendments to the Environmental Protection Act 1986 mean that a permit will be required to clear native vegetation unless exempted under schedule 6 of the Act or under regulations which are currently being developed with extensive stakeholder consultation. Farming practices on areas that have already been cleared, including wetlands and watercourses, will be able to continue. Landowners who wish to clear wetlands and watercourses that currently have riparian vegetation will generally be subject to a permit application. There are situations in which exemptions will apply. These will be in the regulations. Under the existing legislation farmers are required to submit a notice of intent if they wish to clear more than one hectare for a change in land use for normal farm practices. (2) The Government is committed to the protection of native vegetation. Applications to clear will be assessed in accordance with the clearing principles contained in schedule 5 of the Environmental Protection Act 1986. Hon Robyn McSweeney has noted that wetlands and watercourses are specifically mentioned in the proposed clearing controls under the Environmental Protection Act. I refer specifically to principles (f) and (i) under schedule 5 of the Act. The principles state - Native vegetation should not be cleared if - . . . (f) it is growing in, or in association with, . . . a watercourse or wetland; . . . (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . . The landowners in the above areas are already required to submit a notice of intent to use their land productively if that involves clearing more than one hectare for a change in land use.
Given that wetlands and watercourses will be in the new Environmental Protection Act and that clearing in the Act will prevent draining, flooding, burning and grazing of stock etc on any native vegetation - (1) Will the private property owners in the lower Blackwood wetlands, Scott River wetland system, West Bay Creek floodplain, Glenarty Creek floodplains, Mokerdillup Road wetlands, Rogers Road swamp, Gibbs Road swamps, Kitchanning Brook floodplain, Sandalwood Road swamp, Moodiarrup Road swamp, Blackwood River floodplain, Qualeup wetlands, Parson swamp road wetlands and the Gnowergerup Brook floodplain - and about 20 other wetlands and floodplains - still be able to use their land for normal farm practices given that under the new Act one cannot remove or harm any native vegetation? (2) Under the definitions of clearing, wetlands, watercourse and riparian vegetation, will the Government give an assurance that the private owners in the above areas will not be prevented from using their land productively? Hon TOM STEPHENS replied: The honourable member gave up on her long list of - The PRESIDENT: Indeed, and we hope that any response that involved a long list would be tabled. Hon TOM STEPHENS: However, let us hope that the Hansard will record the long list for posterity. The Minister for the Environment has provided the following response - (1) Amendments to the Environmental Protection Act 1986 mean that a permit will be required to clear native vegetation unless exempted under schedule 6 of the Act or under regulations which are currently being developed with extensive stakeholder consultation. Farming practices on areas that have already been cleared, including wetlands and watercourses, will be able to continue. Landowners who wish to clear wetlands and watercourses that currently have riparian vegetation will generally be subject to a permit application. There are situations in which exemptions will apply. These will be in the regulations. Under the existing legislation farmers are required to submit a notice of intent if they wish to clear more than one hectare for a change in land use for normal farm practices. (2) The Government is committed to the protection of native vegetation. Applications to clear will be assessed in accordance with the clearing principles contained in schedule 5 of the Environmental Protection Act 1986. Hon Robyn McSweeney has noted that wetlands and watercourses are specifically mentioned in the proposed clearing controls under the Environmental Protection Act. I refer specifically to principles (f) and (i) under schedule 5 of the Act. The principles state - Native vegetation should not be cleared if - . . . (f) it is growing in, or in association with, . . . a watercourse or wetland; . . . (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . . The landowners in the above areas are already required to submit a notice of intent to use their land productively if that involves clearing more than one hectare for a change in land use.
(1) Will the private property owners in the lower Blackwood wetlands, Scott River wetland system, West Bay Creek floodplain, Glenarty Creek floodplains, Mokerdillup Road wetlands, Rogers Road swamp, Gibbs Road swamps, Kitchanning Brook floodplain, Sandalwood Road swamp, Moodiarrup Road swamp, Blackwood River floodplain, Qualeup wetlands, Parson swamp road wetlands and the Gnowergerup Brook floodplain - and about 20 other wetlands and floodplains - still be able to use their land for normal farm practices given that under the new Act one cannot remove or harm any native vegetation? (2) Under the definitions of clearing, wetlands, watercourse and riparian vegetation, will the Government give an assurance that the private owners in the above areas will not be prevented from using their land productively? Hon TOM STEPHENS replied: The honourable member gave up on her long list of - The PRESIDENT: Indeed, and we hope that any response that involved a long list would be tabled. Hon TOM STEPHENS: However, let us hope that the Hansard will record the long list for posterity. The Minister for the Environment has provided the following response - (1) Amendments to the Environmental Protection Act 1986 mean that a permit will be required to clear native vegetation unless exempted under schedule 6 of the Act or under regulations which are currently being developed with extensive stakeholder consultation. Farming practices on areas that have already been cleared, including wetlands and watercourses, will be able to continue. Landowners who wish to clear wetlands and watercourses that currently have riparian vegetation will generally be subject to a permit application. There are situations in which exemptions will apply. These will be in the regulations. Under the existing legislation farmers are required to submit a notice of intent if they wish to clear more than one hectare for a change in land use for normal farm practices. (2) The Government is committed to the protection of native vegetation. Applications to clear will be assessed in accordance with the clearing principles contained in schedule 5 of the Environmental Protection Act 1986. Hon Robyn McSweeney has noted that wetlands and watercourses are specifically mentioned in the proposed clearing controls under the Environmental Protection Act. I refer specifically to principles (f) and (i) under schedule 5 of the Act. The principles state - Native vegetation should not be cleared if - . . . (f) it is growing in, or in association with, . . . a watercourse or wetland; . . . (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . . The landowners in the above areas are already required to submit a notice of intent to use their land productively if that involves clearing more than one hectare for a change in land use.
(2) Under the definitions of clearing, wetlands, watercourse and riparian vegetation, will the Government give an assurance that the private owners in the above areas will not be prevented from using their land productively? Hon TOM STEPHENS replied: The honourable member gave up on her long list of - The PRESIDENT: Indeed, and we hope that any response that involved a long list would be tabled. Hon TOM STEPHENS: However, let us hope that the Hansard will record the long list for posterity. The Minister for the Environment has provided the following response - (1) Amendments to the Environmental Protection Act 1986 mean that a permit will be required to clear native vegetation unless exempted under schedule 6 of the Act or under regulations which are currently being developed with extensive stakeholder consultation. Farming practices on areas that have already been cleared, including wetlands and watercourses, will be able to continue. Landowners who wish to clear wetlands and watercourses that currently have riparian vegetation will generally be subject to a permit application. There are situations in which exemptions will apply. These will be in the regulations. Under the existing legislation farmers are required to submit a notice of intent if they wish to clear more than one hectare for a change in land use for normal farm practices. (2) The Government is committed to the protection of native vegetation. Applications to clear will be assessed in accordance with the clearing principles contained in schedule 5 of the Environmental Protection Act 1986. Hon Robyn McSweeney has noted that wetlands and watercourses are specifically mentioned in the proposed clearing controls under the Environmental Protection Act. I refer specifically to principles (f) and (i) under schedule 5 of the Act. The principles state - Native vegetation should not be cleared if - . . . (f) it is growing in, or in association with, . . . a watercourse or wetland; . . . (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . . The landowners in the above areas are already required to submit a notice of intent to use their land productively if that involves clearing more than one hectare for a change in land use.
Hon TOM STEPHENS replied: The honourable member gave up on her long list of - The PRESIDENT: Indeed, and we hope that any response that involved a long list would be tabled. Hon TOM STEPHENS: However, let us hope that the Hansard will record the long list for posterity. The Minister for the Environment has provided the following response - (1) Amendments to the Environmental Protection Act 1986 mean that a permit will be required to clear native vegetation unless exempted under schedule 6 of the Act or under regulations which are currently being developed with extensive stakeholder consultation. Farming practices on areas that have already been cleared, including wetlands and watercourses, will be able to continue. Landowners who wish to clear wetlands and watercourses that currently have riparian vegetation will generally be subject to a permit application. There are situations in which exemptions will apply. These will be in the regulations. Under the existing legislation farmers are required to submit a notice of intent if they wish to clear more than one hectare for a change in land use for normal farm practices. (2) The Government is committed to the protection of native vegetation. Applications to clear will be assessed in accordance with the clearing principles contained in schedule 5 of the Environmental Protection Act 1986. Hon Robyn McSweeney has noted that wetlands and watercourses are specifically mentioned in the proposed clearing controls under the Environmental Protection Act. I refer specifically to principles (f) and (i) under schedule 5 of the Act. The principles state - Native vegetation should not be cleared if - . . . (f) it is growing in, or in association with, . . . a watercourse or wetland; . . . (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . . The landowners in the above areas are already required to submit a notice of intent to use their land productively if that involves clearing more than one hectare for a change in land use.
The honourable member gave up on her long list of - The PRESIDENT: Indeed, and we hope that any response that involved a long list would be tabled. Hon TOM STEPHENS: However, let us hope that the Hansard will record the long list for posterity. The Minister for the Environment has provided the following response - (1) Amendments to the Environmental Protection Act 1986 mean that a permit will be required to clear native vegetation unless exempted under schedule 6 of the Act or under regulations which are currently being developed with extensive stakeholder consultation. Farming practices on areas that have already been cleared, including wetlands and watercourses, will be able to continue. Landowners who wish to clear wetlands and watercourses that currently have riparian vegetation will generally be subject to a permit application. There are situations in which exemptions will apply. These will be in the regulations. Under the existing legislation farmers are required to submit a notice of intent if they wish to clear more than one hectare for a change in land use for normal farm practices. (2) The Government is committed to the protection of native vegetation. Applications to clear will be assessed in accordance with the clearing principles contained in schedule 5 of the Environmental Protection Act 1986. Hon Robyn McSweeney has noted that wetlands and watercourses are specifically mentioned in the proposed clearing controls under the Environmental Protection Act. I refer specifically to principles (f) and (i) under schedule 5 of the Act. The principles state - Native vegetation should not be cleared if - . . . (f) it is growing in, or in association with, . . . a watercourse or wetland; . . . (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . . The landowners in the above areas are already required to submit a notice of intent to use their land productively if that involves clearing more than one hectare for a change in land use.
The PRESIDENT: Indeed, and we hope that any response that involved a long list would be tabled. Hon TOM STEPHENS: However, let us hope that the Hansard will record the long list for posterity. The Minister for the Environment has provided the following response - (1) Amendments to the Environmental Protection Act 1986 mean that a permit will be required to clear native vegetation unless exempted under schedule 6 of the Act or under regulations which are currently being developed with extensive stakeholder consultation. Farming practices on areas that have already been cleared, including wetlands and watercourses, will be able to continue. Landowners who wish to clear wetlands and watercourses that currently have riparian vegetation will generally be subject to a permit application. There are situations in which exemptions will apply. These will be in the regulations. Under the existing legislation farmers are required to submit a notice of intent if they wish to clear more than one hectare for a change in land use for normal farm practices. (2) The Government is committed to the protection of native vegetation. Applications to clear will be assessed in accordance with the clearing principles contained in schedule 5 of the Environmental Protection Act 1986. Hon Robyn McSweeney has noted that wetlands and watercourses are specifically mentioned in the proposed clearing controls under the Environmental Protection Act. I refer specifically to principles (f) and (i) under schedule 5 of the Act. The principles state - Native vegetation should not be cleared if - . . . (f) it is growing in, or in association with, . . . a watercourse or wetland; . . . (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . . The landowners in the above areas are already required to submit a notice of intent to use their land productively if that involves clearing more than one hectare for a change in land use.
Hon TOM STEPHENS: However, let us hope that the Hansard will record the long list for posterity. The Minister for the Environment has provided the following response - (1) Amendments to the Environmental Protection Act 1986 mean that a permit will be required to clear native vegetation unless exempted under schedule 6 of the Act or under regulations which are currently being developed with extensive stakeholder consultation. Farming practices on areas that have already been cleared, including wetlands and watercourses, will be able to continue. Landowners who wish to clear wetlands and watercourses that currently have riparian vegetation will generally be subject to a permit application. There are situations in which exemptions will apply. These will be in the regulations. Under the existing legislation farmers are required to submit a notice of intent if they wish to clear more than one hectare for a change in land use for normal farm practices. (2) The Government is committed to the protection of native vegetation. Applications to clear will be assessed in accordance with the clearing principles contained in schedule 5 of the Environmental Protection Act 1986. Hon Robyn McSweeney has noted that wetlands and watercourses are specifically mentioned in the proposed clearing controls under the Environmental Protection Act. I refer specifically to principles (f) and (i) under schedule 5 of the Act. The principles state - Native vegetation should not be cleared if - . . . (f) it is growing in, or in association with, . . . a watercourse or wetland; . . . (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . . The landowners in the above areas are already required to submit a notice of intent to use their land productively if that involves clearing more than one hectare for a change in land use.
The Minister for the Environment has provided the following response - (1) Amendments to the Environmental Protection Act 1986 mean that a permit will be required to clear native vegetation unless exempted under schedule 6 of the Act or under regulations which are currently being developed with extensive stakeholder consultation. Farming practices on areas that have already been cleared, including wetlands and watercourses, will be able to continue. Landowners who wish to clear wetlands and watercourses that currently have riparian vegetation will generally be subject to a permit application. There are situations in which exemptions will apply. These will be in the regulations. Under the existing legislation farmers are required to submit a notice of intent if they wish to clear more than one hectare for a change in land use for normal farm practices. (2) The Government is committed to the protection of native vegetation. Applications to clear will be assessed in accordance with the clearing principles contained in schedule 5 of the Environmental Protection Act 1986. Hon Robyn McSweeney has noted that wetlands and watercourses are specifically mentioned in the proposed clearing controls under the Environmental Protection Act. I refer specifically to principles (f) and (i) under schedule 5 of the Act. The principles state - Native vegetation should not be cleared if - . . . (f) it is growing in, or in association with, . . . a watercourse or wetland; . . . (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . . The landowners in the above areas are already required to submit a notice of intent to use their land productively if that involves clearing more than one hectare for a change in land use.
(1) Amendments to the Environmental Protection Act 1986 mean that a permit will be required to clear native vegetation unless exempted under schedule 6 of the Act or under regulations which are currently being developed with extensive stakeholder consultation. Farming practices on areas that have already been cleared, including wetlands and watercourses, will be able to continue. Landowners who wish to clear wetlands and watercourses that currently have riparian vegetation will generally be subject to a permit application. There are situations in which exemptions will apply. These will be in the regulations. Under the existing legislation farmers are required to submit a notice of intent if they wish to clear more than one hectare for a change in land use for normal farm practices. (2) The Government is committed to the protection of native vegetation. Applications to clear will be assessed in accordance with the clearing principles contained in schedule 5 of the Environmental Protection Act 1986. Hon Robyn McSweeney has noted that wetlands and watercourses are specifically mentioned in the proposed clearing controls under the Environmental Protection Act. I refer specifically to principles (f) and (i) under schedule 5 of the Act. The principles state - Native vegetation should not be cleared if - . . . (f) it is growing in, or in association with, . . . a watercourse or wetland; . . . (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . . The landowners in the above areas are already required to submit a notice of intent to use their land productively if that involves clearing more than one hectare for a change in land use.
(2) The Government is committed to the protection of native vegetation. Applications to clear will be assessed in accordance with the clearing principles contained in schedule 5 of the Environmental Protection Act 1986. Hon Robyn McSweeney has noted that wetlands and watercourses are specifically mentioned in the proposed clearing controls under the Environmental Protection Act. I refer specifically to principles (f) and (i) under schedule 5 of the Act. The principles state - Native vegetation should not be cleared if - . . . (f) it is growing in, or in association with, . . . a watercourse or wetland; . . . (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . . The landowners in the above areas are already required to submit a notice of intent to use their land productively if that involves clearing more than one hectare for a change in land use.
(f) it is growing in, or in association with, . . . a watercourse or wetland; . . . (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . .
. . . (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . .
(i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; . . .

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