❓ A WA parliamentary question on notice addresses alleged illegal land clearing in the Kimberley, focusing on specific instances, legal actions, habitat loss, and government policy impacts. The Minister's response provides details on investigations, penalties, and clearing permit applications.
AnsweredQoN 2897Legislative Council
QuestionView source ↗
Regarding recent reports of alleged illegal land clearing in the Kimberley, I ask: (a) can the Minister confirm that a pastoral company in the Kimberley is facing legal action over alleged illegal clearing of 1,500 hectares; (b) what is the name of the company and, when and where is the clearing alleged to have occurred; (c) when and how did the Department of Environment Regulation (DER) become aware of the alleged illegal clearing; (d) how long after it became aware of the clearing did DER: (i) commence investigating the clearing; and (ii) commence legal proceedings; (e) what is the maximum penalty that can be applied if the company is found guilty of illegal clearing; (f) has DER identified other possible instances of illegal clearing on other pastoral properties in the Kimberley: (i) if yes to (f), on which properties did it occur and what is the extent of the clearing in each case; (g) is DER preparing legal action against the leaseholders and, if not, why not; (h) has the habitat of endangered species such as the purple-crowned fairy wren and Gouldian finch been cleared in the cases of land clearing referred to above and, if so, how much of their habitat has been lost; (i) is the Minister concerned that illegal clearing is apparently widespread in the Kimberley and, if so, what measures have been put in place to stamp it out; (j) does the Minister regard the Government’s support for large scale agriculture projects in the Kimberley as a factor in encouraging property owners to clear without lawful approval; (k) if the Minister does not consider government policy to be a contributory factor, what factor or factors does he consider are leading leaseholders to undertake large scale land clearing in the Kimberley without approvals; (l) how many hectares, and on which Kimberley pastoral leases, have been subject to applications for clearing in each of the past five years up to the present day: (i) how many hectares have been approved for clearing in each of the past five years; and (ii) how many hectares have been cleared in each of the past five years; and (m) given the extent of actual and planned clearing in the Kimberley, does the Minister consider that the cumulative impacts of land clearing in the region warrant investigation by the Environmental Protection Authority (EPA): (i) if no to (m), at what stage will a full and proper environmental impact assessment of the land clearing by the EPA be carried out?
AnswerView source ↗
Answered
5 May 2015
Responded by
Minister for Mental Health representing the Minister for Environment
Response time
48 days
The Minister for Environment has provided the following response.
(a)-(b) Yes, prosecution proceedings against SAWA Pty Ltd have commenced for alleged unlawful clearing at Moola Bulla Station, Lot 1537 on Plan 67137, Mueller Ranges, Shire of Halls Creek, between 7 November 2011 and February 2012 and at Beefwood Park Station, Lot 79 on plan 238627 St Georges Range, Shire of Derby West Kimberley, between 28 October 2008 and February 2012.
(c) The Department of Environment Regulation (DER) became aware of the clearing through analysis of satellite photography in February 2012.
(d) The investigation commenced in August 2012 and the prosecution notices were signed on 5 March 2015.
(e) The maximum penalty for a body corporate is $500,000.
(f) Yes, as outlined in the answer to Question on Notice No. 2204 answered on 17 February 2015, DER identified the following:
Shamrock Station - approximately 236 hectares;
Kilto Station - approximately 60 hectares;
El Questro Station - approximately 6 hectares;
Thangoo Station - approximately 15 hectares; and
Yarraloola Station - approximately 12 hectares.
(g) As advised in the answer to Questions on Notice 2204 and 2712 (answered on 24 March 2015), the matters have been finalised. No offence was established for the investigations into alleged unlawful clearing for Kilto Station, El Questro Station, and Thangoo Station.
(h) The Department of Parks and Wildlife advises that it is unknown if the habitat of any threatened species has been cleared as no pre-clearing survey information is available for the land in question. However, based on vegetation mapping, topographic mapping and aerial photography, and database records of threatened fauna species in the area, it is considered unlikely that the habitat was utilised by either purple-crowned fairy wrens or Gouldian finches.
(i) There is no evidence that there is widespread illegal clearing occurring. DER responds to all incidents in accordance with its
Enforcement and Prosecution Policy
(July 2013).
(j)-(k) As stated above, there is no evidence of widespread illegal clearing occurring. It remains the responsibility of proponents of proposals, regardless of the type of proposal (including landowners wishing to clear land), to abide by all relevant legislation.
(l) The table below outlines the Kimberley pastoral leases subject to applications for clearing in each of the past five years up to 17 April 2015 and includes the area in hectares for the applications:
Lease Name
2010
2011
2012
2013
2014
2015
Country Downs
232
Dampier Downs
194
Gogo
723
Kilto
493
635
Moola Bulla
28
Mowajum
76
Nita Downs
350
Shamrock
300
1900
450
Wallal Downs
25
210
Yarrie
5
Yeeda
64
Total
844
3464
215
0
1253
0
(i)
The table below indicates the areas approved for clearing under the authority of a clearing permit, for each of the past five years to 17 April 2015.
Lease Name
2010
2011
2012
2013
2014
2015
Gogo
480
723
Nita Downs
350
Dampier Downs
194
Shamrock
300
1900
450
Kilto
493
635
Country Downs
232
Wallal Downs
25
210
Yarrie
5
Yeeda
64
Mowajum
76
Total
1324
3373
215
0
590
635
Gogo station applied in 2009 to clear 480 hectares. The clearing was approved in 2010.
(ii) Areas authorised for clearing by a clearing permit are listed under the answer to (l)(i). DER regulates clearing under Part V of the EP Act. No data is maintained for clearing that does not require a clearing permit.
(m) In accordance with the Environmental Impact Assessment (Part IV Division 1 and 2) Administrative Procedures 2012, the EPA has regard to cumulative impacts of a proposal when deciding whether or not a referred proposal should be assessed by the EPA. The EPA also gives due consideration to the cumulative impacts during the course of any environmental impact assessment, including determining whether proponents should address cumulative impacts as part of their environmental review.
(a)-(b) Yes, prosecution proceedings against SAWA Pty Ltd have commenced for alleged unlawful clearing at Moola Bulla Station, Lot 1537 on Plan 67137, Mueller Ranges, Shire of Halls Creek, between 7 November 2011 and February 2012 and at Beefwood Park Station, Lot 79 on plan 238627 St Georges Range, Shire of Derby West Kimberley, between 28 October 2008 and February 2012.
(c) The Department of Environment Regulation (DER) became aware of the clearing through analysis of satellite photography in February 2012.
(d) The investigation commenced in August 2012 and the prosecution notices were signed on 5 March 2015.
(e) The maximum penalty for a body corporate is $500,000.
(f) Yes, as outlined in the answer to Question on Notice No. 2204 answered on 17 February 2015, DER identified the following:
Shamrock Station - approximately 236 hectares;
Kilto Station - approximately 60 hectares;
El Questro Station - approximately 6 hectares;
Thangoo Station - approximately 15 hectares; and
Yarraloola Station - approximately 12 hectares.
(g) As advised in the answer to Questions on Notice 2204 and 2712 (answered on 24 March 2015), the matters have been finalised. No offence was established for the investigations into alleged unlawful clearing for Kilto Station, El Questro Station, and Thangoo Station.
(h) The Department of Parks and Wildlife advises that it is unknown if the habitat of any threatened species has been cleared as no pre-clearing survey information is available for the land in question. However, based on vegetation mapping, topographic mapping and aerial photography, and database records of threatened fauna species in the area, it is considered unlikely that the habitat was utilised by either purple-crowned fairy wrens or Gouldian finches.
(i) There is no evidence that there is widespread illegal clearing occurring. DER responds to all incidents in accordance with its
Enforcement and Prosecution Policy
(July 2013).
(j)-(k) As stated above, there is no evidence of widespread illegal clearing occurring. It remains the responsibility of proponents of proposals, regardless of the type of proposal (including landowners wishing to clear land), to abide by all relevant legislation.
(l) The table below outlines the Kimberley pastoral leases subject to applications for clearing in each of the past five years up to 17 April 2015 and includes the area in hectares for the applications:
Lease Name
2010
2011
2012
2013
2014
2015
Country Downs
232
Dampier Downs
194
Gogo
723
Kilto
493
635
Moola Bulla
28
Mowajum
76
Nita Downs
350
Shamrock
300
1900
450
Wallal Downs
25
210
Yarrie
5
Yeeda
64
Total
844
3464
215
0
1253
0
(i)
The table below indicates the areas approved for clearing under the authority of a clearing permit, for each of the past five years to 17 April 2015.
Lease Name
2010
2011
2012
2013
2014
2015
Gogo
480
723
Nita Downs
350
Dampier Downs
194
Shamrock
300
1900
450
Kilto
493
635
Country Downs
232
Wallal Downs
25
210
Yarrie
5
Yeeda
64
Mowajum
76
Total
1324
3373
215
0
590
635
Gogo station applied in 2009 to clear 480 hectares. The clearing was approved in 2010.
(ii) Areas authorised for clearing by a clearing permit are listed under the answer to (l)(i). DER regulates clearing under Part V of the EP Act. No data is maintained for clearing that does not require a clearing permit.
(m) In accordance with the Environmental Impact Assessment (Part IV Division 1 and 2) Administrative Procedures 2012, the EPA has regard to cumulative impacts of a proposal when deciding whether or not a referred proposal should be assessed by the EPA. The EPA also gives due consideration to the cumulative impacts during the course of any environmental impact assessment, including determining whether proponents should address cumulative impacts as part of their environmental review.
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