AS AUSTRALIANS were preparing for Christmas and looking forward to enjoying the food and fibres farmers have produced for them – a number of farmers were receiving a summons from the Office of Environment and Heritage (OEH) to appear in court and defend the management of their land, or face millions of dollars in fines.
There has been an enormous increase in the number of NSW farmers being pursued by the OEH because of the massive powers inadvertently handed to them by the Barilaro and Berejiklian government through the Biodiversity Conservation Act 2017.
The intention of this legislation is sound – to stop unlawful and damaging land clearing – and generally speaking, the legislation is working. However, it has provided a cover for zealots within the OEH to pursue their activist ideology.
In North West NSW it has been disastrous. Farmers’ livelihoods are on the line and the OEH is picking them off one by one. The actions of the OEH are overreaching and innocent farmers are being prosecuted.
Farmers who have cleared land or removed invasive species to improve the environment are assumed guilty by the OEH and forced to defend themselves in court.
This leads to massive legal fees or being forced to pay huge fines. Farmers can also be subjected to enforceable undertakings, such as having their land taken from them but being forced to pay for its upkeep.
As farmers, we understand the OEH has a job to do and that protection of the environment is paramount. For without its protection and upkeep, we cannot farm or provide this food and fibre.
But if you’re a farmer in North West NSW today, you’re guilty until proven innocent – and if you haven’t heard from the OEH, you probably soon will.
To make matters worse, many farmers can’t afford to defend themselves and are unable to access independent mediation because compliance and prosecution are both handled by the OEH.
In North West NSW particularly, this legislation has cornered and isolated farmers left with nowhere to turn.
We need politicians to stand up for us, give us a fair go and do what is right. We need processes in place that enable farmers to work with government departments to manage land and protect the environment.
With many in our ranks facing the daily challenge of whether to stay or leave the land – we feel like we’re running out of options. We’re screaming out and pleading with John Barilaro and the NSW Government to listen and fix this issue once and for all.
- Written by a representative of the Northern NSW Agricultural Alliance (NNAA), whose name has been redacted for fear of OEH prosecution. The NNAA is a movement representing the voices of more than 50 farming families and hundreds of other supporters across NSW who have been affected by the Biodiversity Conservation Act 2017. This article represents their views.
