❓ Hon Giz Watson questions the Minister for Environment regarding the implementation of conservation reserve proposals under the Forest Management Plan (FMP) 2004–2013 and potential breaches of the Regional Forest Agreement and Ministerial Conditions. The Minister denies any breaches, citing external factors hindering land category changes.
AnsweredQoN 6222Legislative Council
QuestionView source ↗
I refer to the Environmental Protection Agency's statements at Attachment 1 of its end-of-term audit into the Forest Management Plan (FMP) 2004–2013 about 'lack of implementation of a substantial portion of the conservation reserve proposals under the previous FMP' and that 'It is not clear to the Environmental Protection Authority (EPA) that there is a timetable within the life of this FMP 2003-14 for the implementation of the remaining 339 areas as formal conservation reserves', and I ask —
(1) Have you/your department obtained legal advice as to whether —
(a) clause 95(a) of the Regional Forest Agreement for the South-West Forest Region of Western Australia (which relevantly states 'Western Australia will implement the CAR Reserve System described in Attachment 1 and identified on Map 1...') has been breached; and
(b) the Ministerial Condition referred to in the Minister for the Environment's Ministerial Statement 641 of 4 December 2003 (that the current FMP could be implemented subject to condition 4: 'The performance target for Key Performance Indicator 1 be modified to require the Conservation Commission and the Department of Conservation and Land Management to complete all actions for which they are responsible for 100 per cent of the individual areas proposed to have their land category formally changed within 10 years of the approval of the plan') has been breached?
(2) If no to (1)(a) and/or (1)(b), why not?
(3) If yes to (1)(a), what steps have you/your department taken subsequently?
(4) If yes to (1)(b), what steps have you/your department taken subsequently?
(1) Have you/your department obtained legal advice as to whether —
(a) clause 95(a) of the Regional Forest Agreement for the South-West Forest Region of Western Australia (which relevantly states 'Western Australia will implement the CAR Reserve System described in Attachment 1 and identified on Map 1...') has been breached; and
(b) the Ministerial Condition referred to in the Minister for the Environment's Ministerial Statement 641 of 4 December 2003 (that the current FMP could be implemented subject to condition 4: 'The performance target for Key Performance Indicator 1 be modified to require the Conservation Commission and the Department of Conservation and Land Management to complete all actions for which they are responsible for 100 per cent of the individual areas proposed to have their land category formally changed within 10 years of the approval of the plan') has been breached?
(2) If no to (1)(a) and/or (1)(b), why not?
(3) If yes to (1)(a), what steps have you/your department taken subsequently?
(4) If yes to (1)(b), what steps have you/your department taken subsequently?
AnswerView source ↗
Answered
13 November 2012
Responded by
Minister for Mental Health representing the Minister for Environment
Response time
28 days
(1) No
(2) The completion of changes to land category of areas of proposed formal reserves is not entirely under the control of the Department of Environment and Conservation and the Conservation Commission. Issues include resolution of mining interests and native title, the need to retain access for rights under State Agreement Acts, and uncertainty about the future requirements for land listed under the Commonwealth Register of the National Estate. Condition 3-1 (4) required that the
Forest Management Plan 2004 - 2013
include a performance target for Key Performance Indicator (KPI) 1 to complete all actions for which the Conservation Commission and the then Department of Conservation and Land Management are responsible for 100 per cent of the individual areas proposed to have their land category formally changed within 10 years of the approval of the plan. That requirement was met by the inclusion of the performance target for KPI 1 on page 30 of the plan which states:
The Department and the Conservation Commission to complete all actions for which they are responsible in order to formally change the land category of areas proposed for the reserve system within 10 years after the commencement of the plan.
(3) Not applicable
(4) Not applicable
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(2) The completion of changes to land category of areas of proposed formal reserves is not entirely under the control of the Department of Environment and Conservation and the Conservation Commission. Issues include resolution of mining interests and native title, the need to retain access for rights under State Agreement Acts, and uncertainty about the future requirements for land listed under the Commonwealth Register of the National Estate. Condition 3-1 (4) required that the
Forest Management Plan 2004 - 2013
include a performance target for Key Performance Indicator (KPI) 1 to complete all actions for which the Conservation Commission and the then Department of Conservation and Land Management are responsible for 100 per cent of the individual areas proposed to have their land category formally changed within 10 years of the approval of the plan. That requirement was met by the inclusion of the performance target for KPI 1 on page 30 of the plan which states:
The Department and the Conservation Commission to complete all actions for which they are responsible in order to formally change the land category of areas proposed for the reserve system within 10 years after the commencement of the plan.
(3) Not applicable
(4) Not applicable
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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