Page 4238 - Week 13 - Thursday, 27 November 2014
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It also creates the ability for new native species conservation plans. A new category of species of “conservation dependent” has been created specifically for species such as the native perch introduced in our lakes and Cotter Dam, and species that are being reintroduced in Mulligans Flat woodland sanctuary, such as bettongs and bush-stone curlews.
Provisions around offences against native plants and animals have been improved and clarified, including creating specific offences for interfering with the nest of an endangered species, injuring or endangering native animals and differentiating between taking and selling for the various categories of native plants.
Chapter 7 gives the conservator the power to create controlled native species management plans. The minister may declare a native species to be a controlled native species if satisfied that the species is having an unacceptable impact on an environmental, social or economic asset.
Chapter 8 describes management planning for reserves and Ramsar wetlands. A custodian of a reserve must prepare a reserve management plan for the reserve. If the conservator assigns a reserve to an IUCN category and there is no reserve management plan in force for that reserve, the custodian of the reserve must manage the zone in accordance with the IUCN reserve management objectives. The bill updates processes and laws surrounding access and use of biological resources from a reserve, and requires a licence, unless acting for government or a native title holder. It also deals with benefit-sharing agreements.
Chapter 9 creates a range of offences to do with reserves, wilderness areas, clearing vegetation and damaging land. In addition to penalty units for each offence, the conservator may direct someone who causes damage to repair the damage. If they do not comply with the direction or order, the territory may carry out the repair or restoration and recover the costs from the person. It is worth noting that considerable work has been done to align this bill with the Public Unleased Land Act 2013 in relation to these provisions. There has also been division of the offences, creating in effect a sliding scale of penalties, depending on the level of effect of the offence in terms of impacts on significant biodiversity assets.
Chapter 12 describes the process for entering into management agreements on public or unleased land. Management agreements are used to ensure that the objective of conserving the qualities of the natural environment on and near the land to which the agreement relates is upheld, and can be entered into between the conservator and an agency. An agency includes a supplier of gas, electricity, water or sewerage services, an entity that is responsible for the construction, repair and maintenance of navigation serving beacons and telecommunications facilities, or is responsible for a development of land, and can include the territory. The matters a management agreement may cover have been greatly increased.
I would like to turn to some issues now around the conservator in particular. There are a few issues of contention that cannot be resolved at this point which the Greens believe will need to be revisited through the Planning and Development Act, most significantly offsets and conservator concurrence for planning decisions.
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