Land clearing reform: the talking points

The fund – which will be topped up by an extra $70 million annually after five years – is to be managed by an independent trust that would identify private land suitable for conservation and negotiate voluntary agreements with farmers. 

Farmers would first engage an accredited assessor to determine the expected gains from setting aside the land. This assessment would be used to calculate the value of the biodiversity credits awarded, which would be sold to government for cash or used to offset development. 

WHILE the draft biodiversity reforms gives greater regulatory powers to Local Land Services (LLS) - they are far from complete - with government yet to reveal satellite mapping that will form basis of land clearing assessment.

Primary Industries Minister Niall Blair said work was still needed on the technology, which will determine if a farmer’s land is regulated or unregulated, and, in turn, what codes apply to a clearing application.

Mr Blair farmers would be consulted on the application of the maps before the release of the imagery on January 1.

NSW Farmers has welcomed draft native vegetation laws, but they’ve got significant concerns.

Association president Derek Schoen said key recommendations from the 2014 independent expert panel review were missing, including detail on how the new laws would classify what is and isn’t eligible to be cleared.

“We can already see obvious issues with the mapping and the biodiversity assessment methodology in draft legislation.”

Mr Schoen demanded urgent action to change the draft before the Bill is debated in parliament during the Spring session after September.

“We need legislation that considers the whole picture.”

ANOTHER yet-to-be determined factor is which government agency will be responsible for checking land clearing compliance and issuing fines for breaches.

Currently that power rests with the Office of Environment and Heritage – which is a source of contention for many landholders who claim the department does not understand the needs of primary producers. 

Currently a landholder faces a $3,300 on-the-spot fine for illegal clearing, and a potential $1.1 million penalty if the matter goes to court. 

Famously, in the mid-2000s, farmers around Nyngan and Tottenham locked out Department of Natural Resources officers who wanted access to properties to investigate alleged land clearing. 

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