❓ A WA parliamentary question addresses the definition of 'dampland' within wetland policy, the notification of wetlands on property titles, and guarantees for livestock grazing on nominated wetlands. The Minister's response clarifies definitions, title notifications, and land use practices.
AnsweredQoN 944Legislative Council
QuestionView source ↗
I refer to the draft environmental protection policy 2004 for the Swan coastal plain wetlands. Will the minister advise - (1) What is the definition of the word “dampland” in relation to the word “wetland”? (2) Why does the draft legislation propose that any registered wetland be included on the relevant certificate of title, including notification of mortgagees? (3) How will this inclusion on the relevant certificate of title differ from a caveat? (4) Where in the proposed legislation is there a guarantee to landholders that stock - for example, sheep and cattle - can continue to graze on the nominated wetlands without the owner of the stock being penalised? Hon LJILJANNA RAVLICH
AnswerView source ↗
I thank the member for some notice of this question. (1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(1) What is the definition of the word “dampland” in relation to the word “wetland”? (2) Why does the draft legislation propose that any registered wetland be included on the relevant certificate of title, including notification of mortgagees? (3) How will this inclusion on the relevant certificate of title differ from a caveat? (4) Where in the proposed legislation is there a guarantee to landholders that stock - for example, sheep and cattle - can continue to graze on the nominated wetlands without the owner of the stock being penalised? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(2) Why does the draft legislation propose that any registered wetland be included on the relevant certificate of title, including notification of mortgagees? (3) How will this inclusion on the relevant certificate of title differ from a caveat? (4) Where in the proposed legislation is there a guarantee to landholders that stock - for example, sheep and cattle - can continue to graze on the nominated wetlands without the owner of the stock being penalised? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(3) How will this inclusion on the relevant certificate of title differ from a caveat? (4) Where in the proposed legislation is there a guarantee to landholders that stock - for example, sheep and cattle - can continue to graze on the nominated wetlands without the owner of the stock being penalised? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(4) Where in the proposed legislation is there a guarantee to landholders that stock - for example, sheep and cattle - can continue to graze on the nominated wetlands without the owner of the stock being penalised? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
I thank the member for some notice of this question. (1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(1) What is the definition of the word “dampland” in relation to the word “wetland”? (2) Why does the draft legislation propose that any registered wetland be included on the relevant certificate of title, including notification of mortgagees? (3) How will this inclusion on the relevant certificate of title differ from a caveat? (4) Where in the proposed legislation is there a guarantee to landholders that stock - for example, sheep and cattle - can continue to graze on the nominated wetlands without the owner of the stock being penalised? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(2) Why does the draft legislation propose that any registered wetland be included on the relevant certificate of title, including notification of mortgagees? (3) How will this inclusion on the relevant certificate of title differ from a caveat? (4) Where in the proposed legislation is there a guarantee to landholders that stock - for example, sheep and cattle - can continue to graze on the nominated wetlands without the owner of the stock being penalised? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(3) How will this inclusion on the relevant certificate of title differ from a caveat? (4) Where in the proposed legislation is there a guarantee to landholders that stock - for example, sheep and cattle - can continue to graze on the nominated wetlands without the owner of the stock being penalised? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(4) Where in the proposed legislation is there a guarantee to landholders that stock - for example, sheep and cattle - can continue to graze on the nominated wetlands without the owner of the stock being penalised? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
I thank the member for some notice of this question. (1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(1) “Dampland” is part of the definition of “wetland” contained in the policy. This definition is derived from the Environmental Protection Act 1986, which refers to areas of seasonally, intermittently or permanently waterlogged soils or inundated land including lakes, swamps, marshes, springs, damplands, tidal flats, mangroves and estuaries. As this definition of wetlands is consistent with the EPA Act, dampland does not need to be defined in the policy. Dampland is defined in the Department of Environment’s wetland position statement as a seasonally waterlogged basin. (2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(2) Placing a notice on a title is important as it informs the owner and relevant others that there is a protected wetland on the property. See answer to (3). (3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(3) A caveat gives notice to a third party of any dealings with the title. The proposed notice gives information for potential purchasers of the land. The Registrar of Titles has advised that memorials are not an appropriate mechanism for notifying the existence of a wetland; a notification is more appropriate. The draft policy and regulations have been revised to reflect this. (4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
(4) Clause 8 of the revised regulations provides for the continuance of current land use practices to the extent that they do not cause environmental harm. The draft version did not achieve this. In the revised draft regulations the text has been revised to include substantial alteration of a registered wetland.
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