No time to back down on native vegetation reforms

Sydney, November 25, 2003: The Environmental Defender’s Office (NSW) has urged the Government to ensure strong enforcement measures are retained in the new laws on native vegetation.

"Since the native vegetation reforms were announced last month, there has been jostling from interest groups who appear to be seeking to water down the enforcement provisions," says EDO Director, Jeff Smith.

The impetus to reform native vegetation laws came from broad acknowledgement that the existing system is not working and that broad-scale clearing of remnant vegetation and protected regrowth needs to be stopped.

"There have been particular problems with exemptions and enforcement. 40 exemptions to clearing under the current regime have provided loopholes to unconscionable land clearers, making successful prosecutions practically impossible," Smith says. "The new laws are a chance to close these loopholes. We urge the Government not to compromise on these provisions."

There have been instances under the current laws where the prosecution has spent a great deal of time and resources proving matters easily shown by the defendant.

Regulatory offences commonly contain provisions placing the onus of proof on a person to demonstrate, say, a reasonable excuse for doing something. Governments would not otherwise be able to take proper and effective action against lawbreakers.

"It is in this context that the EDO supports moves to transfer the onus of proof onto landowners to prove landclearing was exempt, rather than remain on the Director-General. If a farmer wants the benefit of being able to rely on an exemption, it is only reasonable to require that they can prove the clearing under the exemption is legitimate. There is no longer a right to clear land in NSW," Smith says.

The EDO believes the new legislation must ensure that enforcement officers have adequate powers to assess if clearing is being carried out illegally.

"For many farmers, the Native Vegetation Reforms are in line with their individual efforts to sustainably manage their land. The Government should ensure that the new laws are strong enough to stop those few land clearers who openly flout the law," Smith says.

For more comment contact:

Jeff Smith, EDO Director on (02) 9262 6989

Rachael Walmsley, EDO Policy Officer on (02) 9262 6989