❓ The WA parliamentary question seeks data on native vegetation clearing, enforcement, and DWER's monitoring activities since 2010. The answer reveals data limitations and enforcement actions taken.
AnsweredQoN 3327Legislative Council
QuestionView source ↗
I refer to the clearing of native vegetation, in particular enforcement and compliance aspects, and I ask: (a) since 2010, by calendar year, how many hectares of native vegetation were cleared without a permit, through exemptions and/or illegal clearing: (i) when, if at all, were any identified threatened species habitat(s) cleared via exemptions and/or illegal clearing since 2010: (A) will the Minister please detail the location, size, biome-type and relevant threatened species of the clearing referenced at (a)(i); (b) does the Department of Water and Environmental Regulation (DWER) monitor or map the illegal/exempt-from-permit clearing of threatened species habitat(s): (i) will the Minister please explain how this record is maintained and updated; (c) of those given at (a), how many instances were determined to be illegal: (i) of these instances at (c), how many were issued with compliance action(s), as either fine or prosecutions: (A) how much total revenue ($AUD) has been awarded as a result of those compliance actions referenced at (c)(i); (d) under DWER, how many FTE roles are responsible for: (i) compliance with issued clearing permits; (ii) identification of illegal clearing; and (iii) dedicated, in-person observation of active clearing, and previously-cleared sites, to ensure permit compliance?
AnswerView source ↗
Answered
11 November 2020
Responded by
Minister for Environment
Response time
10 days
(a)(i)(A) Clearing that is carried out under an exemption is not required to be reported to the Department of Water and Environmental Regulation (DWER) under the Environmental Protection Act 1986 (EP Act).
Illegal and unauthorised clearing that is identified or reported to DWER is investigated and a determination is made on whether there is sufficient evidence to establish an offence under the EP Act. If an offence is established enforcement action is taken in accordance with the Department’s Compliance and Enforcement Policy.
DWER does not hold data of the amount of clearing that has occurred since 2010 without a permit, through exemptions and/or unidentified illegal clearing.
(b) - (c) DWER implements a range of proactive and responsive action to monitor compliance with native vegetation requirements. As part of the Department’s proactive surveillance program, satellite imagery is obtained and reviewed to monitor and map changes in vegetation cover.
While satellite data can identify vegetation change, computer systems alone are currently unable to reliably distinguish between vegetation change that is the result of mechanical clearing, and vegetation change that is the result natural events. For these reasons, satellite data alone is incapable of determining the extent of vegetation change that is the result of unauthorised clearing or clearing carried out lawfully under an exemption.
This imagery is further analysed and where unauthorised clearing is suspected, it is assessed for investigation. The environmental values of the vegetation, including threatened species habitat is a factor considered when prioritising clearing incidents for investigation.
If the investigation establishes that the clearing is unauthorised, compliance and enforcement action is taken. This can include written warnings, vegetation conservation notices and/or prosecution.
There has been a total of 28 convictions for unauthorised clearing since 2010 under the EP Act. Of the 28 convictions since 2010, 14 were the result of satellite monitoring involving a combined area of 970ha with total penalties of $257,000.
(d)(i)(ii) and (iii) DWER currently has 3.5 FTEs with specific responsibility for monitoring compliance with clearing permits and the identification of illegal clearing, with an additional FTE being recruited. Additional compliance officers and investigators within DWER also assist these officers when required.
The Department of Mines, Industry Regulation and Safety has resources to monitor compliance with clearing permits for mineral and petroleum activities under delegation from DWER.
Illegal and unauthorised clearing that is identified or reported to DWER is investigated and a determination is made on whether there is sufficient evidence to establish an offence under the EP Act. If an offence is established enforcement action is taken in accordance with the Department’s Compliance and Enforcement Policy.
DWER does not hold data of the amount of clearing that has occurred since 2010 without a permit, through exemptions and/or unidentified illegal clearing.
(b) - (c) DWER implements a range of proactive and responsive action to monitor compliance with native vegetation requirements. As part of the Department’s proactive surveillance program, satellite imagery is obtained and reviewed to monitor and map changes in vegetation cover.
While satellite data can identify vegetation change, computer systems alone are currently unable to reliably distinguish between vegetation change that is the result of mechanical clearing, and vegetation change that is the result natural events. For these reasons, satellite data alone is incapable of determining the extent of vegetation change that is the result of unauthorised clearing or clearing carried out lawfully under an exemption.
This imagery is further analysed and where unauthorised clearing is suspected, it is assessed for investigation. The environmental values of the vegetation, including threatened species habitat is a factor considered when prioritising clearing incidents for investigation.
If the investigation establishes that the clearing is unauthorised, compliance and enforcement action is taken. This can include written warnings, vegetation conservation notices and/or prosecution.
There has been a total of 28 convictions for unauthorised clearing since 2010 under the EP Act. Of the 28 convictions since 2010, 14 were the result of satellite monitoring involving a combined area of 970ha with total penalties of $257,000.
(d)(i)(ii) and (iii) DWER currently has 3.5 FTEs with specific responsibility for monitoring compliance with clearing permits and the identification of illegal clearing, with an additional FTE being recruited. Additional compliance officers and investigators within DWER also assist these officers when required.
The Department of Mines, Industry Regulation and Safety has resources to monitor compliance with clearing permits for mineral and petroleum activities under delegation from DWER.
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