| Endangered Species Law Reform in South Australia
The Adequacy of Existing Legislation
Mark Parnell LLB BComm MRUP Solicitor, Environmental Defenders Office (SA) Inc. Associate Lecturer in Environmental Law, Flinders University
Acknowledgment: Special thanks to EDO Volunteer lawyer, Paul Hayes, who undertook most of the research for this paper
One of main purposes of this workshop and this paper is to begin to build the case for endangered species law reform in South Australia. As with all law reform projects, the first stage is to identify the problems. Are species and ecological communities becoming more or less threatened in South Australia? Are threatening processes being adequately identified and addressed? If not, is law reform the best way of addressing those problems? In the overall suite of measures making up endangered species conservation, how does law reform rank in importance with other elements such as education, scientific research, policy development etc.? This object of this paper is to make some preliminary observations on existing legislation and how it deals with environmental issues in general and endangered species in particular. Most of the legislation examined contains some reference to protection of the environment, however more often than not, the statutory level of protection is minimal and diluted by ministerial or bureaucratic discretion. The related issue of public participation in policy development and decision-making is also briefly examined. In relation to the question of the relative importance of law reform in the debate over endangered species protection, the following "principles" are accepted:
In relation to the first point, it must be noted that good things are indeed happening in South Australia in relation to endangered species. None of the criticisms of the law in this paper should be regarded as diminishing the excellent work done by some individuals and agencies. An example of the second point is the Wilderness Protection Act 1992. After much hard work by members of the Wilderness Society and others to get this legislation through Parliament, the only impact on the ground has been the re-badging of some existing protected areas on Kangaroo Island and some minor changes in management policy. Importantly, the KI wilderness areas only succeeded because the miners and their support agency declined to exercise their effective right of veto. In relation to the final point, it must be acknowledged that the concept of a good law is very much in the eye of the beholder. From a conservationist’s perspective, good laws contain clear, prescriptive environmental requirements and extensive rights of public participation including rights of appeal and civil enforcement. Decisions of agencies such as the EPA and DAC are much easier to challenge or review than those of the "untouchables" (ie. most of the resource Agencies - Mining, Fishing, Pastoral etc.). In its most extreme form, some environmental decision-makers are even protected from review when acting illegally. In this category fall the Planning Minister and Major Developments Panel in relation to anything they do or say in relation to a major development. [S.48E Development Act 1993]. The following section of this paper looks at the main South Australian nature conservation Acts and identifies the key protecting mechanisms relevant to endangered species. Section 3 then follows with a look at Acts which regulate activities which could be regarded as threatening processes. These include the main natural resource and primary production Acts as well as laws covering development, pollution and waste.
This Act protects all native wildlife throughout the state. It makes it an offence to take, molest or kill a protected species of animal, defined (s.5) as: (a) any mammal, bird or reptile indigenous to Australia; or (b) any migratory mammal, bird or reptile that periodically or occasionally migrates to, and lives in, Australia; or (c) any animal of a species referred to in schedule 7, 8 or 9; or (d) any animal of a species declared by regulation to be a species of protected animal Notwithstanding this general restriction, the Minister may grant any person a permit to take protected animals if satisfied that it is desirable to grant the permit for purposes not inconsistent with the objectives of the Act, such as scientific research (s53(1)). Non-indigenous animals are not covered by the Act. Also excluded are species of animals referred to in schedule 10.
SCHEDULE 10 Unprotected Species Zebra Finch (Poephila guttata) Budgerygah (Melopsittacus undulatus) Red Wattlebird (Anthochaera chrysoptera) Grey-backed Silvereye (Zosterops lateralis halmaturina) Galah (Cacatua roseicapilla) Little Corella (Cacatua sanguinea) Australian Raven (Corvus coronoides) Little Crow (Corvus bennetti) Australian Crow (Corvus orru cecilae) Little Raven (Corvus mellori) Wild Dog (Dingo) (Canis familiaris) Other native animals which are not protected under the NPW Act include fish and aquatic invertebrates (eg: crabs), although some of these are protected under the Fisheries Act 1982. Amphibians or insects are not covered under any legislation. Australian magpies and poisonous reptiles, which are otherwise protected, can be killed if attacking a person (s54).
The NPW Act also protects native plants, but only when within specified areas. These are any
A "native plant" is defined as "any plant that is indigenous to Australia" (s5) and "reserve" is defined as "any national park, conservation park, game reserve, recreation park or regional reserve" (s5). The Act also makes it an offence to take a native plant of a prescribed species on private land, or a native plant on private land without the landowner’s consent (s47(2),(4)). A "prescribed species" of native plant is a species prescribed as such by regulation. As yet, there have been no species prescribed. A protected plant can be lawfully taken, sold or given subject to the conditions of a permit. The Minister can authorise general permits and permits for commercial purposes pursuant to sections 49 and 49A.
Within the class of protected species (plants and animals), the Act creates several subsets, namely, those species that are endangered, vulnerable, and rare. These are set out in Schedules 7, 8 & 9 of the Act. The main significance of these distinctions is in relation to the penalty imposed on the unlawful taking, molesting or killing of a protected species. Marine mammals attract the highest penalty, followed in decreasing order by endangered, vulnerable, and rare species (s51). The Act does not set out any formal process for listing or categorising species. The most recent review was undertaken in 1998. The amendment of lists, whether a species is being included, removed, or having its status revised, is conducted at an administrative level and implemented through Regulations (s.80(2a)). .In practice, species are listed on the basis of advice from biologists within the Department of Environment, Heritage and Aboriginal Affairs, the State Herbarium, the SA Museum and comments from the general public, with consideration of IUCN and CITES criteria. Administratively, a species is regarded as extinct if it has not been "definitely located in the wild during the past 50 years", or has "not been found in recent years despite thorough searching" (Draft: Threatened Species Strategy for SA, p. 10). Apart from the differential penalties for "taking" a rare, vulnerable or endangered species, the only other legal implication is under the Native Vegetation Act 1991 which refers to the schedules in the National Parks and Wildlife Act 1972, in its Principles of Clearance, stating the principle that native vegetation should not be cleared if "it includes plants or a rare, vulnerable or endangered species" (schedule 1, 1(c)). The issue of a common plant providing habitat for a rare animal is not specifically addressed. Role of Advisory Committees under NPW Act (4) Without limiting the matters on which an advisory committee may advise the Minister or the Council, a committee may provide advice as to- (a) the classification of species of animals or plants on the basis of the species' risk of extinction; (b) the management of wildlife including- (i) the harvesting and farming of wildlife; (ii) population control of wildlife; (iii) the reintroduction of particular species of wildlife to parts of the State in which those species once lived or grew; (iv) the declaration of open seasons in relation to particular species of protected animals; (v) the issuing of permits under this Act; (vi) the management of endangered, vulnerable and rare species; (c) the plan of management for a particular reserve or plans of management generally; (d) the involvement of Aboriginal people in the management of land and wildlife; (e) private sector sponsorship for the management of reserves and wildlife.
In the management of reserves under the Act, the Director of National Parks and Wildlife must have regard to certain objectives, including several that relate to biodiversity: (a) the preservation and management of wildlife; and (d) the destruction of dangerous weeds and the eradication or control of noxious weeds and exotic plants; and (e) the control of vermin and exotic animals; and (f) the control and eradication of disease of animals and vegetation; and (j) in relation to managing a regional reserve-to permit the utilisation of natural resources while conserving wildlife and the natural or historic features of the land (s37). Reserves are managed according to an individual statutory management plan for that reserve. The plan of management need not address threatened species; however, many do and there is also an opportunity for the public to raise the issue of threatened species within the reserve in the three months following the publication of the proposed plan. The Act also provides that a management plan must not provide for the culling of protected animals from the reserve unless culling is the only practicable option for controlling overpopulation of animals of that species in the reserve, or the Minister sets out reasons for deciding to cull the protected animals (s38).
This Act protects aquatic flora and fauna. Section 41A makes it an offence to kill, injure or molest a marine mammal (ie. seal, sea lion, dolphin or whale). Section 42 makes it an offence to take a fish that is declared by regulation to be protected. Protected fish are listed in regulation 6. The Department of Primary Industries, Natural Resources and Regional Development administers the list on a case by case basis, with scientific, industry and policy input. IUCN, CITES, and Federal lists are also considered. Currently the list of protected fish has 2 genera of fish, 7 species of fish, and 4 species of female fish if carrying external eggs. This list is varied by regulation, pursuant to section 72. 6. Pursuant to section 42 of the Act, the following classes of fish are declared to be protected: (a) fish of the genus Ambassis, Mogurnda or Nannoperca; (b) female fish of the following species if carrying external eggs: Blue crab (Portunus pelagicus) Giant crab (Pseudocarcinus gigas) Rock lobster (Jasus edwardsii) Yabbie (Cherax destructor); (c) fish of the following species: Freshwater catfish (Tandanus tandanus) Leafy sea dragon (Phycodurus eques eques) Murray River crayfish (Euastacus armatus) River blackfish (Gadopsis marmoratus) Silver perch (Bidyanus bidyanus) Trout cod (Maccullochella macquariensis) White pointer shark (Carcharodon carcharias).
The list has the potential to protect a diversity of aquatic life. "Fish" is defined widely as "an aquatic organism of any species and includes the eggs, spat or spawn, or the body, or part of the body (including the shell) of such an organism"(s5). All marine, estuarine and fresh-water fish fall within this definition. Section 47 enables the Governor to declare by proclamation an area to be an aquatic reserve. Section 48(1)(a) enables the Governor to "constitute as a marine park any waters, or land and waters, specified in the proclamation, that the Governor considers to be of national significance by reason of the aquatic flora or fauna of those waters or the aquatic habitat". Once a marine park has been constituted, the Minister must, within two years, propose a management plan for the marine park (s48B(1)). Before preparing a management plan, the Minister must invite the public to make representations (s48B(3)). The public can make representations to the Minister concerning matters they think should be included in the plan of management for the marine park; for example, the rehabilitation of an endangered species. A management plan for a marine park must address specific issues, as set out in section 48B(5): The Minister must incorporate in the plan of management for a marine park such measures as the Minister considers necessary or appropriate for- (a) the protection, conservation and preservation of the flora and fauna of the waters included in the marine park and their habitat; (b) regulation of fishing, mining and research activities in, public access to, and other use of, the marine park to prevent or minimise adverse effect on the flora and fauna and their habitat; (c) co-ordination of the management of the marine park with the management of any adjacent reserve, park or conservation zone or area established under the law of this or any other State or of the Commonwealth; (d) the promotion of public understanding of the purposes and significance of the marine park. The Minister is required to make a public advertisement when the management plan has been prepared (s48B(6)). The public have three months after publication of the public advertisement to make representations to the Minister in connection with the plan of management (s48B(8)) A person may only enter, remain or fish in a marine park pursuant to a permit or as provided in the regulations (s48G(1)). The Act enables the Minister for Primary Industries, Natural Resources and Regional Development to "carry out any research, exploration, experiments, works or operations of any kind for the conservation, management or enhancement of living resources found in waters to which this Act applies" (s31).
This Act protects all native vegetation in South Australia except those parts of the state that are "within the area shown as Metropolitan Adelaide in the Development Plan, and are also within the area of a local council, but are not within ... the Hills Face Zone" (s4). Outside this area, no native vegetation can be cleared without consent. The Native Vegetation Council provides consent for clearance of vegetation pursuant to a set of principles of clearance of native vegetation as set out in Schedule 1: 1. Native vegetation should not be cleared if, in the opinion of the Council- (a) it comprises a high level of diversity of plant species; or (b) it has significance as a habitat for wildlife; or (c) it includes plants of a rare, vulnerable or endangered species; or (d) the vegetation comprises the whole, or a part, of a plant community that is rare, vulnerable or endangered. Rare, vulnerable and endangered plant species are those listed in the Schedules of the National Parks and Wildlife Act 1972. Although the Act mentions rare, vulnerable and endangered plant species, it does not mention endangered animal species for which native vegetation is habitat. The Act does, however, refer generally to the wildlife habitat values of native vegetation. Wildlife has the same meaning as in the National Parks and Wildlife Act; namely, "all native plants and animals indigenous to Australia existing apart from cultivation or domestication". Endangered species, therefore, can be taken into account as they are a subset of "wildlife". The objects of the Environment Protection Act 1993 include promoting principles of ecologically sustainable development (s10(a)). These principles state "that the use, development and protection of the environment" should provide for the economic, social, and physical well-being of people and communities, whilst— (A) sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and (B) safeguarding the life-supporting capacity of air, water, land and ecosystems; and (C) avoiding, remedying or mitigating any adverse effects of activities on the environment (s10(1)(a)(i)). These objects inform the administration of the Act, including pollution licensing. Section 25 of the Act establishes a general environmental duty. This states that: A person must not undertake an activity that pollutes, or might pollute, the environment unless the person takes all reasonable and practicable measures to prevent or minimise any resulting environmental harm (s25(1)). This general duty is honed in more specific provisions that regulate point source pollution. This Act organises development into two classes; namely: ordinary development and major development. The definition of "development" includes "building work; or a change in the use of land; or the division of an allotment" (s4). Ordinary development can only proceed if it is approved, and the approval process involves the relevant authority—usually the Local Council—assessing the development against matters specified in the Act. These matters do not include environmental factors, but focus on development evincing certain principles if land is divided, and complying with the Building Rules. One matter, however, requires a Local Council to assess the development against "the provisions of the appropriate Development Plan" (s33(1)(a)). Development Plans are created and amended by Local Councils and the Minister for Transport and Urban Planning. Plans incorporate objectives and principles for Metropolitan Adelaide and the Council area. The Act directs that Development Plans should seek to promote the provisions of the Planning Strategy, and may include: (a) planning or development objectives or principles relating to- (i) the natural or constructed environment and ecologically sustainable development; (iv) the management or conservation of land, buildings, heritage places and heritage areas; (v) management, conservation and use of natural and other resources (s23(3)). The potential exists, therefore, for Local Councils to include provisions requiring development to be assessed against the threat it poses to endangered species. An example of the types of objectives included in Development Plans include the following, taken from the plan for Stirling: Objective 33: The retention of environmentally-significant areas of native vegetation. Objective 35: The retention of native vegetation for amenity purposes, for livestock shade and shelter and for the movement of native wildlife. Objective 37: A clearly defined and linked Metropolitan Open Space System of public and privately owned land of an open or natural character in and around metropolitan Adelaide which will: (a) provide a visual and scenic contrast to the built urban environment; (b) separate different parts of the metropolitan area; (c) assist in the conservation of natural or semi-natural habitats and sites of scientific or heritage interest and re-vegetation; (d) provide corridors for movement of wildlife. Objective 66: Retention of native vegetation. Although South Australia has a reasonably comprehensive National Parks reserve system, there is a considerable amount of native vegetation on private and public land which it is impractical to incorporate into the reserve system. Because the loss of native vegetation since settlement has reached a stage where any further losses could lead to unacceptable species extinctions, it is now necessary to conserve this off-park vegetation wherever possible. The retention of native vegetation also has benefits in respect of landscape amenity, water quality and soil stability. Development Plans also dictate principles of development control; for example: 102 Native vegetation should not be cleared if it: (a) provides a significant habitat for wildlife; (b) has a high plant species diversity or has rare or endangered plant species and plant associations. A development becomes a major development if the Minister thinks that a more thorough investigation of the impacts of development is required before the development is approved. The Minister may declare that a development is a major development if he or she considers it is of "major environmental, social or economic importance" (s46(1)). If the Minister makes a declaration that a development is a major development, the Major Developments Panel must decide whether it is appropriate to prepare an environmental impact statement (EIS), a public environmental report (PER), or a development report (DR). The Major Developments Panel is made up of the Presiding Member of the Development Assessment Commission, a member of the Environment Protection Authority, and other persons with experience in industry, environmental conservation, and local government. In deciding on the appropriate level of assessment required, the Major Developments Panel must take into account criteria prescribed by regulation (s46(9)). The criteria include: (a) the character of the receiving environment; (b) the potential social, economic and environmental impacts of the development or project; (c) the resilience of the environment to cope with change; (e) the extent to which undesirable impacts which may occur are likely to be irreversible (r63(1)). When taking into account these criteria, the Major Developments Panel must also consider, amongst other things, (b) the nature of impacts by an analysis of - (i) the degree to which the impacts are predictable; (ii) the resilience of the environment to cope with change; (iii) the degree to which the impacts can be reversed; ... and (c) the significance of impacts by an analysis of - (i) the degree to which the impacts adversely affect environmentally sensitive areas; ... and (d) other factors determined to be relevant by the Major Developments Panel (r63(2)). Although not explicitly mentioned, the Major Developments Panel can have regard to endangered species when deciding on the proper level of assessment for a proposed development. The Panel might consider the ability of an endangered species to cope with change, or the irreversibility of extinction. The Act stipulates criteria that must be complied with once the level of assessment is decided. In each level—be it EIS, PER, or DR—the environmental considerations required of the person conducting the assessment are fewer than those that the Major Developments Panel must consider when deciding on the level of assessment. Section 46B governs the EIS process. It requires the Minister to consult with the developer about the preparation of an EIS. After consultation, the Minister may either require the proponent to prepare the EIS, or arrange the EIS themselves (s46B(2)). The Major Developments Panel can stipulate guidelines for the preparation an EIS. This power is conferred by section 46(12), which states: "The Major Developments Panel must ... report to the Minister on ... the guidelines to apply under this subdivision with respect to the preparation of the relevant EIS, PER or DR". Where the development is a "prescribed activity of environmental significance", as defined by the Environment Protection Act 1993, the Panel must develop guidelines in consultation with the Environment Protection Authority (s46(10)). Schedule 1 of the Environment Protection Act 1993 lists activities of environmental significance. Relevant examples of activities of environmental significance include: animal husbandry, aquaculture, chemical works, mineral processing, and activities producing listed waste (listed in Part B of Schedule 1). In its most rudimentary form, an EIS must include a statement of - (a) the expected environmental, social and economic effects of the development or project; (b) the extent to which the expected effects of the development or project are consistent with the provisions of- (i) any relevant Development Plan; and (ii) the Planning Strategy; (d) the proponent’s commitments to meet conditions (if any) that should be observed in order to avoid, mitigate or satisfactorily manage and control any potentially adverse effects of the development or project on the environment (s46B(4)). If the development is a prescribed activity of environmental significance, defined by the Environment Protection Act 1993, then the EIS must include a statement of the extent to which the expected effects of the development are consistent with - (i) the objects of the Environment Protection Act 1993; and (ii) the general environmental duty under that Act; and (iii) relevant environment protection policies under that Act (s46B(4)(c)). The objects of the Environment Protection Act 1993, along with the general environmental duty it prescribes, are discussed in the section devoted to that Act. Section 46C governs the PER process. The relevant provisions are identical to those for the EIS process. Section 46D governs the DR process. The relevant provisions are similar to the EIS and PER process. The purpose of each assessment is to assist the Governor in his or her task of granting or not granting authorisation for development (s48(2)).
This Act applies to live vertebrate animals but does not include fish. It provides for the control of animals and plants for the protection of agriculture and the environment. It does not specifically mention endangered species, but affects endangered species indirectly, because pest species can compete with and displace native species. Also, methods used to control pest species can also impact on protected species. The Act establishes an Animal and Plant Control Commission, which, along with other functions, must "consult and co-operate with the Minister for Environment and Planning and the Department of Environment and Planning in the control of animals and plants for the protection of native animals and plants" (s13(1)(j)). Section 46 and 47 provide a means to managing threatening processes by making owners of land in certain areas legally responsible for pest species, either by requiring notification or destruction. Although the Act’s focus is on the pasturing of stock, one of its purposes is to provide for the "the prevention of degradation of the land and its indigenous plant and animal life", as well as "the rehabilitation of the land in cases of damage" (s4(b)). Lessees are under a general duty to prevent degradation of the land (s7(b)). Further, a lessee must comply with several other acts: (A) the Animal and Plant Control (Agricultural Protection and Other Purposes) Act, 1986; (B) the Dog Fence Act, 1946; (C) the Mining Act, 1971; (D) the Petroleum Act, 1940; (E) the Soil Conservation Act, 1939; (F) the Water Resources Act, 1976; and (G) any other prescribed Act (s22(1)(a)(v) The act establishes a Pastoral Board. If the Board thinks that pastoral land is damaged, or is likely to suffer damage, the Board can require the lessee to submit a property plan to the Board detailing the proposed management of the land (s41(1)). The Act does not define "damage", but defines "degradation" to mean "a decline in the quality of the natural resources of the land resulting from human activities on the land" (s3). Further, if the Board thinks that it is necessary to rehabilitate the land, it may require a lessee to, among other things, destock or adopt specified land management practices (s43(1)). Also, one of the functions of the Board is to advise the Minister on the policies that should govern the administration of pastoral land (s17(2)). This Act "relies on community-based Soil Conservation Boards to produce district plans seeking cooperation of landowners to use land within its capability" (Draft: Threatened Species Strategy for SA). It places a general duty on landowners to prevent degradation of their land (s8). "Degradation" of land is defined as "a decline in the quality of the soil, vegetation, water and other natural resources of the land, resulting from over-grazing, excessive tillage, over-clearing, mineral extraction, development of towns, disposal of wastes, road construction, failure to control plant and animal pests or any other human activity on the land" (s3). The Act does not specifically mention endangered species; however, the Act establishes a Council whose functions include: to monitor and evaluate the condition of the land of the State and advise the Minister on the extent of land degradation and the economic and environmental implications of that degradation (s19(1)(b)) The Council oversees the work of Soil Conservation Boards and can "require a board to investigate and report to the Council on any matters relating to the administration of this Act within the board’s district" (s19(2)). The Act establishes a Wilderness Advisory Committee. The function of the Committee is to assess which land in the State meets "wilderness criteria". Land meets this criteria if: (a) the land and its ecosystems [has not] been affected, or [has] been affected to only a minor extent, by modern technology; (b) the land and its ecosystems [has not] been seriously affected by exotic animals or plants or other exotic organisms (s3(2)). The Act requires the Committee to prepare a draft code of management of wilderness protection areas for submission to the Minister for Environment and Heritage. This code must set out management policies in relation to: (a) the preservation of wildlife and ecosystems; (b) the restoration of land and its ecosystems to their condition before European colonisation and the protection of land and its ecosystems from the effects of modern technology and exotic animals and plants and other exotic organisms; (f) the destruction of dangerous weeds and the eradication or control of noxious weeds and exotic plants; (g) the control of vermin and exotic animals and other exotic organisms (s12(2)). The Act prohibits some activities that might threaten species. Section 26 prohibits the following activities in wilderness protection areas: (a) the grazing of stock and all other forms of primary production; (b) the construction or erection of roads, tracks, buildings or structures.
The Fisheries Act 1982 makes it an offence to engage in fishing activity of a prescribed class. Prescribed fishing activities are listed in Schedule 1 of the Fisheries (General) Regulations 1984. This extensive list includes prohibitions on methods which are destructive, non-targeted or otherwise harmful to the environment or the fishing industry. These include use of explosives and certain types of nets. Schedule 2 of the Regulations lists areas of the State where the use of any fish nets is prohibited. Division 1 of Part 4 of the Act sets out the licensing scheme for fishing in a fishery. "Fishery" is defined as "a class of fishing activities declared by regulation to constitute a fishery" The Governor can make regulations that "declare than any prescribed class of fishing activities constitutes a fishery" (s46(a)), as well as "prescribe a scheme of management for a fishery" (s46(b)). Various committees have been established by regulation. These committees formulate schemes of management for their particular areas. Schemes of management can deal with conservation of non-target species as well as exploitation of target species. Conservation objectives can further be advanced through the use of conditions attached to Fishery licences issued by the Director of Fisheries. These licences must be "subject to and in accordance with the provisions of the scheme of management prescribed for the fishery" (s36(1)). The Director may impose conditions: (a) directed towards conserving, enhancing or managing the living resources to which the fishery relates; or (b) related to any other matter prescribed by the scheme of management for the fishery (s37(1)).
Before the Minister grants an exploration license, he or she must give proper consideration to the protection of "flora and fauna that may be endangered or disturbed by those operations" (s30(2)(b)). In this context, however, "endangered" refers to the species in a particular area, and not the overall endangeredness of a species. Similarly, before a Minister grants a mining lease, he or she shall, "in determining the terms and conditions subject to which a lease is to be granted under this Part, give proper consideration to the protection of ... flora and fauna that may be endangered or disturbed by those operations" (s34(6)(b)). The Petroleum Act 1940 does not mention endangered species. The Act regulates the search and mining of petroleum, and gives the Governor power to make regulations that avoid wasteful operations and ensure the proper drilling and completion of wells. Section 16 of the Petroleum Regulations 1989 requires a licensee who is carrying out an operation under a petroleum title to "submit for the approval of the Director a declaration of environmental factors". The Director is the Director-General of Mines and Energy. In addition, a code of environmental practice must be submitted. This code must outline the procedures that are proposed— (b) to protect wildlife, livestock, flora and sites of natural, historical or cultural significance; (c) to minimize disturbance of the land surface (r16(4)).
Fires have the potential to be a threatening process. If prevented for too long, there is an accumulation of fuel so that when a fire does occur it burns ferociously and threatens the existence and habitat of native animals. This Act does not mention endangered species but does seek to prevent this potentially threatening process. It establishes the Country Fire Service Board which oversees this task.
Feral cats are a major predator of native species, and this Act gives a warden (under the National Parks and Wildlife Act 1972) power to seize, detain, destroy or otherwise dispose of any cat found in a reserve (within the meaning of the National Parks and Wildlife Act 1972), or found in a wilderness protection area or zone (as constituted under the Wilderness Protection Act 1992).
The Local Government Act 1934 does not mention endangered species. However, the Act does place some controls on the cutting or damaging of trees in public reserves, streets or other areas under the control of a council (s780). Further, trees over 4.5 metres in height can only be removed by the council following a resolution of the council (s880a).
Regulation 16 states that "[a] person must not, without lawful authority, damage, destroy or remove any animal warren, burrow or nest in or from a forest reserve". Animal is not defined under the Act or Regulations. Regulations 17-19 enact similar protection for vegetation, water and soil. Section 9A of the Act states that "the Minister must manage a native forest reserve having regard to the purposes for which it was established and must endeavour to ensure that no operations are undertaken on the reserve that are inconsistent with those purposes". Otherwise the Act enables the Minister to grant licences and other interests in forest reserves (s11), and does not specifically mention endangered species. |