❓ The WA parliamentary question addresses the implementation of the Bush Forever program, protection of Bush Forever sites, and specific developments at Point Peron and Ocean Reef. The Minister's response outlines the program's status, environmental protections, offset requirements, and the government's approach to canal estates.
AnsweredQoN 1528Legislative Council
QuestionView source ↗
(1) When will the Government fully implement the Bush Forever program which has identified areas of regionally significant remnant urban bushland on the Swan Coastal Plain, an internationally recognised biodiversity hotspot? (2) Will the State Government move to adequately protect Bush Forever sites by removing the exemptions pertaining to decisions of the Western Australian Planning Commission, in the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 ? (3) Referring to the intended destruction of 40 hectares of Bush Forever at Point Peron and 19 hectares of Bush Forever at Ocean Reef in order to construct two developments, please explain how the Minister is meeting his obligation to protect the environment of the State in these contexts? (4) Why is Western Australia continuing with the development of canal estates when these costly coastal developments are being banned around Australia? (5) When did the Minister for the Environment delegate his powers and functions with respect to the Ocean Reef estate development to the Minister for Police?
AnswerView source ↗
Answered
14 October 2014
Responded by
Minister for Mental Health representing the Minister for Environment
Response time
35 days
(1) The Bush Forever program has been implemented and operational for over 10 years. An audit of the Bush Forever program as outlined in
Bush Forever Volume 1 (2000)
is currently being undertaken, and will be finalised by the end of the year. This will outline the policy measures and actions that have been completed, have been initiated, are ongoing programs of work, and are yet to be finalised.
(2) Environmentally Sensitive Areas (ESA) are declared under Section 51B of the
Environmental Protection Act 1986.
The
Environmental Protection (Environmentally Sensitive Areas) Notice 2005
was gazetted on 8 April 2005 and includes Bush Forever sites as ESAs.
The ESA Notice provides that where the Western Australian Planning Commission (WAPC) has approved development within the boundary of a Bush Forever site, then the portion of the site subject to that development approval is no longer an ESA. In these instances environmental values are considered separately by WAPC.
The effect of the ESA notice is simply that exemptions from the requirement for a clearing permit in the
Environmental Protection (Clearing of Native Vegetation) Regulations 2004
do not apply to ESAs.
It is not the role of the ESA Notice to protect Bush Forever sites generally.
(3) The approved clearing of up to 40 hectares of native vegetation in Bush Forever site 355 for the Mangles Bay Marina Based Tourist Precinct proposal, is subject to the proponents for the proposal providing an environmental offset through the acquisition of 56 hectares of land. The acquired land must contain an assemblage of fauna and flora species similar to those being impacted. The proponents are also required to provide funding for the ongoing management of this land. These are set out as legally binding conditions on the proponents in Ministerial Statement 974. I have properly exercised my powers under the
Environmental Protection Act 1986
to ensure there is no risk to the environment as a result of the proposal.
With regards to the Ocean Reef Marina development, the development is subject to a Metropolitan Region Scheme amendment.
The Environmental Protection Authority assessed the scheme amendment and in making its determination noted that the Western Australian Planning Commission will require an appropriate conservation outcome for the loss of 19 hectares of Bush Forever site 325. This would be agreed between the Department of Planning, Department of Parks and Wildlife and the Office of the Environmental Protection Authority before final approval of Metropolitan Regional Scheme Amendment 1270/41.
The conservation outcome is being developed in accordance with the criteria in Appendix 4 of
State Planning Policy 2.8 - Bushland Policy for the Perth Metropolitan Region
.
The environmental impacts of both the Mangles Bay Marina Based Tourist Precinct development and the rezoning aspects of the Ocean Reef Marina development have been properly considered under the
Environmental Protection Act 1986
.
(4) The Liberal National Government of Western Australia does not have a moratorium on the development of canal estates. Any significant proposal for the development of a canal estate would need to be referred to the Environmental Protection Authority under the
Environmental Protection Act 1986
to determine whether environmental impact assessment is required. The Environmental Protection Authority also has a suite of policies and guidelines for assessing environmental impacts to marine water quality and coastal environments to ensure that canal estates, where proposed, can meet the Environmental Protection Authority's environmental objectives and is environmentally sustainable.
In addition, the Western Australian Planning Commission's published its Development Control Policy 1.8
Canal Estates and Artificial Waterway Developments
in May 2012 to establish a consistent and coordinated approach for the assessment of canal estates. This Policy provides a framework for assessing and managing impacts to the marine and coastal environments.
This Liberal National Government is committed to the assessment and management of canal estate developments to reduce impacts to the environment.
(5) The Minister for Environment delegated his powers and functions for the Ocean Reef Marina Development to the Minister for Police; Tourism; Road Safety; Women's Interests, on 3 January 2014.
Bush Forever Volume 1 (2000)
is currently being undertaken, and will be finalised by the end of the year. This will outline the policy measures and actions that have been completed, have been initiated, are ongoing programs of work, and are yet to be finalised.
(2) Environmentally Sensitive Areas (ESA) are declared under Section 51B of the
Environmental Protection Act 1986.
The
Environmental Protection (Environmentally Sensitive Areas) Notice 2005
was gazetted on 8 April 2005 and includes Bush Forever sites as ESAs.
The ESA Notice provides that where the Western Australian Planning Commission (WAPC) has approved development within the boundary of a Bush Forever site, then the portion of the site subject to that development approval is no longer an ESA. In these instances environmental values are considered separately by WAPC.
The effect of the ESA notice is simply that exemptions from the requirement for a clearing permit in the
Environmental Protection (Clearing of Native Vegetation) Regulations 2004
do not apply to ESAs.
It is not the role of the ESA Notice to protect Bush Forever sites generally.
(3) The approved clearing of up to 40 hectares of native vegetation in Bush Forever site 355 for the Mangles Bay Marina Based Tourist Precinct proposal, is subject to the proponents for the proposal providing an environmental offset through the acquisition of 56 hectares of land. The acquired land must contain an assemblage of fauna and flora species similar to those being impacted. The proponents are also required to provide funding for the ongoing management of this land. These are set out as legally binding conditions on the proponents in Ministerial Statement 974. I have properly exercised my powers under the
Environmental Protection Act 1986
to ensure there is no risk to the environment as a result of the proposal.
With regards to the Ocean Reef Marina development, the development is subject to a Metropolitan Region Scheme amendment.
The Environmental Protection Authority assessed the scheme amendment and in making its determination noted that the Western Australian Planning Commission will require an appropriate conservation outcome for the loss of 19 hectares of Bush Forever site 325. This would be agreed between the Department of Planning, Department of Parks and Wildlife and the Office of the Environmental Protection Authority before final approval of Metropolitan Regional Scheme Amendment 1270/41.
The conservation outcome is being developed in accordance with the criteria in Appendix 4 of
State Planning Policy 2.8 - Bushland Policy for the Perth Metropolitan Region
.
The environmental impacts of both the Mangles Bay Marina Based Tourist Precinct development and the rezoning aspects of the Ocean Reef Marina development have been properly considered under the
Environmental Protection Act 1986
.
(4) The Liberal National Government of Western Australia does not have a moratorium on the development of canal estates. Any significant proposal for the development of a canal estate would need to be referred to the Environmental Protection Authority under the
Environmental Protection Act 1986
to determine whether environmental impact assessment is required. The Environmental Protection Authority also has a suite of policies and guidelines for assessing environmental impacts to marine water quality and coastal environments to ensure that canal estates, where proposed, can meet the Environmental Protection Authority's environmental objectives and is environmentally sustainable.
In addition, the Western Australian Planning Commission's published its Development Control Policy 1.8
Canal Estates and Artificial Waterway Developments
in May 2012 to establish a consistent and coordinated approach for the assessment of canal estates. This Policy provides a framework for assessing and managing impacts to the marine and coastal environments.
This Liberal National Government is committed to the assessment and management of canal estate developments to reduce impacts to the environment.
(5) The Minister for Environment delegated his powers and functions for the Ocean Reef Marina Development to the Minister for Police; Tourism; Road Safety; Women's Interests, on 3 January 2014.
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