Veg maps on hold, compliance agency revealed

THE most contentious issue for the government during public consultation on its veg laws remains unresolved.

Legislation tabled in parliament yesterday revealed a delay in release of mapping to define areas of land where permission is needed for clearing – or alternately, landholders can manage native veg at their discretion.

Until the maps are released, the current system will apply. That means the old rule of remnant and regrowth vegetation still determines if clearing is, respectively, regulated and unregulated.

Local Land Services remain the go to for landholders to consult over clearing regulation. Mr Blair has said the hoped for spike in agricultural development driven by the reforms will foster farmer engagement with LLS, which is still finding its feet in the bush.

Public consultation revealed widespread concern over how the map ruled land in or out, as regulated or deregulated and who the winners and losers would be.

Primary Industries Minister Niall Blair told parliament that release of the maps had been delayed until stakeholders’ concerns were addressed.

“It will not come into effect until ministers are satisfied that stakeholders have sufficient confidence in its accuracy,” Mr Blair said.

The Land understands the maps won’t be released for at least six months. Government will hold stakeholder consultation early next year. The Office of Environment will publish a draft map, from which landholders can seek a review of how their property is classified.

The draft legislation’s $240 million biodiversity fund to reward farmers who choose to set aside land for environmental value is unchanged. 

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. 

Special categories of land have been created where no clearing under any codes will be permitted. This covers internationally-recognised wetlands, littoral rainforest, core koala habitat, critically endangered ecological communities, old growth forests and high conservation value grasslands. Commonwealth environment regulations apply under the reforms.

FOLLOWING speculation over which government agency would enforce the new native veg regime, the final Bills tabled in parliament yesterday confirms Office of Environment will police clearing offences.

Landholders were suspicious of powers granted to clearing compliance officers under the draft native veg legislation and until now it was speculated that Local Land Services may be stuck with the task of investigating landholders.

The final laws also introduced conditions not present in the draft laws that regulate compliance officer powers to access and investigation.

The legislation comprises two Bills – the Biodiversity Conservation Act, which dealt with compliance, and amendments to the Local Land Services Act. 

The compliance powers in the draft laws was a focus for landholders during the consultation period.

Now, additions to the Local Land Services Bill were inserted with the aim of limiting some aspects of the compliance powers.

Under the draft, officers were able to enter premises at any reasonable time, for example to investigate alleged clearing breaches, but now they need consent from the head of the Environment Agency.

Information given to compliance officers would have been admissible against a person in court unless they objected to providing it, whereas now it is not admissible if they objected or not.

A compliance could have demanded an individual present themselves at a specified location and time – but that has been limited to requiring approval from the head of the agency.

Persons suspected of offences could have been compelled to provide their and address at penalty of arrest. The changes removed the power of arrest. 

An advisory committee of stakeholders and farming representatives will  provide feedback to government on how the compliance powers are being used.