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Australian Greens

Does the Native Vegetation Act protect biodiversity?. Australian Greens. Mark Parnell MLC Member of the Legislative Council. www.markparnell.org.au. The Native Vegetation Act 1991 Recognition that the Act and its predecessor effectively ended most broadscale land clearing in SA. 

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Australian Greens

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  1. Does the Native Vegetation Act protect biodiversity? Australian Greens Mark Parnell MLC Member of the Legislative Council www.markparnell.org.au

  2. The Native Vegetation Act 1991 • Recognition that the Act and its predecessor effectively ended most broadscale land clearing in SA.  • Our Act was the envy of other States. • BUT, it could still be improved.

  3. Eternal Vigilance case study:McShane (& others) v D.C. Lower Eyre Peninsula & Crossman [2003] SAERDC 45

  4. Coffin Bay Native Vegetation Zoned “Deferred Urban” decades ago. Should we protect for future generations or sub-divide for holiday homes?

  5. Why Native Vegetation laws could ultimately fail at Coffin Bay Council wants to re-zone “deferred urban” bushland to “residential” & “industrial” (oyster sheds?) Residential / Industrial Zoning = death to native vegetation

  6. DC Lower Eyre Peninsula Annual Business Plan 2009/10 Coffin Bay Deferred Urban - $20,000 to recommence DPA which has been stalled due to Native Vegetation Council issues. Council will continue negotiations with the Department of Planning and Local Government and the Native Vegetation Council to resolve the native vegetation issues on this land. This will include the negotiation of a concept plan over the area. Council priorities per Budget: Disability Persons Facilities $15,000 Youth Services $ 8,000

  7. Current Situation • The Minister for Urban Development and Planning has approved the Statement of Intent for the Coffin Bay Deferred Urban Zone Development Plan Amendment. Next: • Statement of Investigations • Government consultation • Public submissions • Public hearing • Planning Minister’s decision • NO appeal rights • Weak Parliamentary scrutiny

  8. Once re-zoned, • No public notification of development applications • No rights of public comment • No rights of appeal (except disgruntled developer) • No right of joinder • No more native vegetation! • Note: referral to Native Vegetation Council and payment into Fund to achieve “signficant environmental benefit”. But no compo for track, fenceline & fire break clearance?

  9. How could Native Vegetation Act be improved? • Landholder expectations - presumptions AGAINST clearance (incl. scattered trees) • Exemptions regime – more notifications to NVC for approval before clearance takes place • Better integration with land use planning & development control regime

  10. Improvements (cont.) • NVC veto over re-zoning & referral of disputes to Parliament • Parliamentary veto over re-zoning BEFORE it comes into operation • Sched. 8 referral of Development Applications involving clearance to NVC with rights of ADVICE / DIRECTION • All such development to be Category 3 and subject to public consultation and third party appeal rights. • NVC appeal & joinder rights

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