A WA parliamentary question addresses farmers' rights to cut firewood and fence posts, highlighting confusion due to pending environmental regulations. The Minister provides clarity on existing laws while deferring part of the question.

AnsweredQoN 1702Legislative Council
Asked
12 December 2003
Portfolio
Agriculture, Forestry and Fisheries

QuestionView source ↗

I apologise for the lack of notice I provided of this question, which I ask on behalf of a constituent. I am not sure whether Hon Tom Stephens or the Leader of the House is the most appropriate person to ask it of. (1) We understand that the law currently allows a farmer to cut firewood for his immediate family. Is a farmer allowed to supply his mother, sister or grandmother with firewood? I do not think this is of immediate concern to my constituent, given the time of year. (2) Are farmers allowed to cut strainers and fence posts for their own use? That is appropriate for this time of the year. We wrote to the Department of Environmental Protection and it replied that some of these regulations are still up for discussion and that it might be some time before these matters are resolved. With all due respect, my constituent needs to know what the law is today. Several members interjected. The PRESIDENT: Order! We will take part of that as the question. Hon KIM CHANCE

AnswerView source ↗

(1)-(2) I really think that the first question should more appropriately be directed to the Minister for the Environment. Hon Robyn McSweeney: You are handballing again. Hon KIM CHANCE: No. I think the member is seeking advice on regulations that are yet to be promulgated. The answer I can give is that there is no difficulty at all at the moment. I will get to that point. The answer to the second question is, unequivocally, yes. There is nothing to prevent a farmer from cutting strainer and fence posts. In fact, there is a provision in the existing law for that purpose. The second aspect of that question gets back to what the law is now. That is quite a reasonable question. There has been a great deal of publicity about the new law put in place by the Environmental Protection Amendment Act. However, the new law does not take effect until its regulations are promulgated. Until that occurs, the existing law is the law. There is no need for people to feel confused about their rights, which are confined by the existing law until such time as the new law becomes effective. Hon Paddy Embry interjected. The PRESIDENT: Order, members! There is no debate on this matter. Hon KIM CHANCE: I will talk to the member outside.
(1) We understand that the law currently allows a farmer to cut firewood for his immediate family. Is a farmer allowed to supply his mother, sister or grandmother with firewood? I do not think this is of immediate concern to my constituent, given the time of year. (2) Are farmers allowed to cut strainers and fence posts for their own use? That is appropriate for this time of the year. We wrote to the Department of Environmental Protection and it replied that some of these regulations are still up for discussion and that it might be some time before these matters are resolved. With all due respect, my constituent needs to know what the law is today. Several members interjected. The PRESIDENT: Order! We will take part of that as the question. Hon KIM CHANCE replied : (1)-(2) I really think that the first question should more appropriately be directed to the Minister for the Environment. Hon Robyn McSweeney: You are handballing again. Hon KIM CHANCE: No. I think the member is seeking advice on regulations that are yet to be promulgated. The answer I can give is that there is no difficulty at all at the moment. I will get to that point. The answer to the second question is, unequivocally, yes. There is nothing to prevent a farmer from cutting strainer and fence posts. In fact, there is a provision in the existing law for that purpose. The second aspect of that question gets back to what the law is now. That is quite a reasonable question. There has been a great deal of publicity about the new law put in place by the Environmental Protection Amendment Act. However, the new law does not take effect until its regulations are promulgated. Until that occurs, the existing law is the law. There is no need for people to feel confused about their rights, which are confined by the existing law until such time as the new law becomes effective. Hon Paddy Embry interjected. The PRESIDENT: Order, members! There is no debate on this matter. Hon KIM CHANCE: I will talk to the member outside.
(2) Are farmers allowed to cut strainers and fence posts for their own use? That is appropriate for this time of the year. We wrote to the Department of Environmental Protection and it replied that some of these regulations are still up for discussion and that it might be some time before these matters are resolved. With all due respect, my constituent needs to know what the law is today. Several members interjected. The PRESIDENT: Order! We will take part of that as the question. Hon KIM CHANCE replied : (1)-(2) I really think that the first question should more appropriately be directed to the Minister for the Environment. Hon Robyn McSweeney: You are handballing again. Hon KIM CHANCE: No. I think the member is seeking advice on regulations that are yet to be promulgated. The answer I can give is that there is no difficulty at all at the moment. I will get to that point. The answer to the second question is, unequivocally, yes. There is nothing to prevent a farmer from cutting strainer and fence posts. In fact, there is a provision in the existing law for that purpose. The second aspect of that question gets back to what the law is now. That is quite a reasonable question. There has been a great deal of publicity about the new law put in place by the Environmental Protection Amendment Act. However, the new law does not take effect until its regulations are promulgated. Until that occurs, the existing law is the law. There is no need for people to feel confused about their rights, which are confined by the existing law until such time as the new law becomes effective. Hon Paddy Embry interjected. The PRESIDENT: Order, members! There is no debate on this matter. Hon KIM CHANCE: I will talk to the member outside.
Several members interjected. The PRESIDENT: Order! We will take part of that as the question. Hon KIM CHANCE replied : (1)-(2) I really think that the first question should more appropriately be directed to the Minister for the Environment. Hon Robyn McSweeney: You are handballing again. Hon KIM CHANCE: No. I think the member is seeking advice on regulations that are yet to be promulgated. The answer I can give is that there is no difficulty at all at the moment. I will get to that point. The answer to the second question is, unequivocally, yes. There is nothing to prevent a farmer from cutting strainer and fence posts. In fact, there is a provision in the existing law for that purpose. The second aspect of that question gets back to what the law is now. That is quite a reasonable question. There has been a great deal of publicity about the new law put in place by the Environmental Protection Amendment Act. However, the new law does not take effect until its regulations are promulgated. Until that occurs, the existing law is the law. There is no need for people to feel confused about their rights, which are confined by the existing law until such time as the new law becomes effective. Hon Paddy Embry interjected. The PRESIDENT: Order, members! There is no debate on this matter. Hon KIM CHANCE: I will talk to the member outside.
The PRESIDENT: Order! We will take part of that as the question. Hon KIM CHANCE replied : (1)-(2) I really think that the first question should more appropriately be directed to the Minister for the Environment. Hon Robyn McSweeney: You are handballing again. Hon KIM CHANCE: No. I think the member is seeking advice on regulations that are yet to be promulgated. The answer I can give is that there is no difficulty at all at the moment. I will get to that point. The answer to the second question is, unequivocally, yes. There is nothing to prevent a farmer from cutting strainer and fence posts. In fact, there is a provision in the existing law for that purpose. The second aspect of that question gets back to what the law is now. That is quite a reasonable question. There has been a great deal of publicity about the new law put in place by the Environmental Protection Amendment Act. However, the new law does not take effect until its regulations are promulgated. Until that occurs, the existing law is the law. There is no need for people to feel confused about their rights, which are confined by the existing law until such time as the new law becomes effective. Hon Paddy Embry interjected. The PRESIDENT: Order, members! There is no debate on this matter. Hon KIM CHANCE: I will talk to the member outside.
Hon KIM CHANCE replied : (1)-(2) I really think that the first question should more appropriately be directed to the Minister for the Environment. Hon Robyn McSweeney: You are handballing again. Hon KIM CHANCE: No. I think the member is seeking advice on regulations that are yet to be promulgated. The answer I can give is that there is no difficulty at all at the moment. I will get to that point. The answer to the second question is, unequivocally, yes. There is nothing to prevent a farmer from cutting strainer and fence posts. In fact, there is a provision in the existing law for that purpose. The second aspect of that question gets back to what the law is now. That is quite a reasonable question. There has been a great deal of publicity about the new law put in place by the Environmental Protection Amendment Act. However, the new law does not take effect until its regulations are promulgated. Until that occurs, the existing law is the law. There is no need for people to feel confused about their rights, which are confined by the existing law until such time as the new law becomes effective. Hon Paddy Embry interjected. The PRESIDENT: Order, members! There is no debate on this matter. Hon KIM CHANCE: I will talk to the member outside.
(1)-(2) I really think that the first question should more appropriately be directed to the Minister for the Environment. Hon Robyn McSweeney: You are handballing again. Hon KIM CHANCE: No. I think the member is seeking advice on regulations that are yet to be promulgated. The answer I can give is that there is no difficulty at all at the moment. I will get to that point. The answer to the second question is, unequivocally, yes. There is nothing to prevent a farmer from cutting strainer and fence posts. In fact, there is a provision in the existing law for that purpose. The second aspect of that question gets back to what the law is now. That is quite a reasonable question. There has been a great deal of publicity about the new law put in place by the Environmental Protection Amendment Act. However, the new law does not take effect until its regulations are promulgated. Until that occurs, the existing law is the law. There is no need for people to feel confused about their rights, which are confined by the existing law until such time as the new law becomes effective. Hon Paddy Embry interjected. The PRESIDENT: Order, members! There is no debate on this matter. Hon KIM CHANCE: I will talk to the member outside.
Hon Robyn McSweeney: You are handballing again. Hon KIM CHANCE: No. I think the member is seeking advice on regulations that are yet to be promulgated. The answer I can give is that there is no difficulty at all at the moment. I will get to that point. The answer to the second question is, unequivocally, yes. There is nothing to prevent a farmer from cutting strainer and fence posts. In fact, there is a provision in the existing law for that purpose. The second aspect of that question gets back to what the law is now. That is quite a reasonable question. There has been a great deal of publicity about the new law put in place by the Environmental Protection Amendment Act. However, the new law does not take effect until its regulations are promulgated. Until that occurs, the existing law is the law. There is no need for people to feel confused about their rights, which are confined by the existing law until such time as the new law becomes effective. Hon Paddy Embry interjected. The PRESIDENT: Order, members! There is no debate on this matter. Hon KIM CHANCE: I will talk to the member outside.
Hon KIM CHANCE: No. I think the member is seeking advice on regulations that are yet to be promulgated. The answer I can give is that there is no difficulty at all at the moment. I will get to that point. The answer to the second question is, unequivocally, yes. There is nothing to prevent a farmer from cutting strainer and fence posts. In fact, there is a provision in the existing law for that purpose. The second aspect of that question gets back to what the law is now. That is quite a reasonable question. There has been a great deal of publicity about the new law put in place by the Environmental Protection Amendment Act. However, the new law does not take effect until its regulations are promulgated. Until that occurs, the existing law is the law. There is no need for people to feel confused about their rights, which are confined by the existing law until such time as the new law becomes effective. Hon Paddy Embry interjected. The PRESIDENT: Order, members! There is no debate on this matter. Hon KIM CHANCE: I will talk to the member outside.
Hon Paddy Embry interjected. The PRESIDENT: Order, members! There is no debate on this matter. Hon KIM CHANCE: I will talk to the member outside.
The PRESIDENT: Order, members! There is no debate on this matter. Hon KIM CHANCE: I will talk to the member outside.
Hon KIM CHANCE: I will talk to the member outside.

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