Hon. Robyn McSweeney questions the Minister for the Environment regarding the application of land clearing regulations to stubble burning and grazing, highlighting concerns about the practicality and implications for farmers. The Minister clarifies the regulations and exemptions.

AnsweredQoN 3698Legislative Council
Asked
28 June 2006
Portfolio
the Environment

QuestionView source ↗

I refer to an agricultural memo from the Northern Agricultural region vol 10 number 4 with the heading, ‘Stubble Burning and Clearing Regulations’, and ask -
(1) Is the Minister aware of the words in this memo where it refers to the land clearing regulations of 2004 and that farmers who burn native vegetation including fallen logs, when undertaking stubble burning, and who accidentally burn isolated paddock trees closer than 50 metres to other trees or native vegetation, are deemed to be clearing and require a permit from the Department of Environment?
(2) Is the Minister aware of just how absurd that is?
(3) Is this Government policy?
(4) Is the Minister aware that the regulations define clearing as ‘causing damage to native vegetation’, and includes ‘burning vegetation and grazing by stock’?
(5) Does the Minister intend to go onto every farm in Western Australia and issue infringement notices to every farmer who is grazing their stock on native vegetation?
(6) If yes to (5), when will this take place?
(7) If no to (5), then why have this in the regulations?

AnswerView source ↗

Answered
22 August 2006
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
55 days
(1-2) I have recently been made aware of this memo. The information in the memo is incorrect. The department of Agriculture and Food have been made aware of this. Stubble burning is not regulated under the clearing provisions of the Environmental Protection Act 1986 . Further, any clearing of native vegetation that results from an accident is exempt (3) No. (4) The definition of clearing in the Environmental Protection Act 1986 means the killing, destruction or doing of any other substantial damage to some or all of the native vegetation in an area and includes severing or ringbarking of trunks or stems, flooding, draining, grazing and burning. (5) No. (6) Not applicable. (7) There are a number of exemptions for clearing caused by grazing or burning contained in Schedule 6 of the Environmental Protection Act 1986 and within the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. These allow certain activities by landholders to continue.
(3) No. (4) The definition of clearing in the Environmental Protection Act 1986 means the killing, destruction or doing of any other substantial damage to some or all of the native vegetation in an area and includes severing or ringbarking of trunks or stems, flooding, draining, grazing and burning. (5) No. (6) Not applicable. (7) There are a number of exemptions for clearing caused by grazing or burning contained in Schedule 6 of the Environmental Protection Act 1986 and within the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. These allow certain activities by landholders to continue.
(4) The definition of clearing in the Environmental Protection Act 1986 means the killing, destruction or doing of any other substantial damage to some or all of the native vegetation in an area and includes severing or ringbarking of trunks or stems, flooding, draining, grazing and burning. (5) No. (6) Not applicable. (7) There are a number of exemptions for clearing caused by grazing or burning contained in Schedule 6 of the Environmental Protection Act 1986 and within the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. These allow certain activities by landholders to continue.
(5) No. (6) Not applicable. (7) There are a number of exemptions for clearing caused by grazing or burning contained in Schedule 6 of the Environmental Protection Act 1986 and within the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. These allow certain activities by landholders to continue.
(6) Not applicable. (7) There are a number of exemptions for clearing caused by grazing or burning contained in Schedule 6 of the Environmental Protection Act 1986 and within the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. These allow certain activities by landholders to continue.
(7) There are a number of exemptions for clearing caused by grazing or burning contained in Schedule 6 of the Environmental Protection Act 1986 and within the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. These allow certain activities by landholders to continue.

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