Photo © Brimble Nature Refuge

When the Nature Conservation Act 1992 (NCA) was gazetted it was at the cutting edge of conservation legislation. That was almost 20 years ago and the impacts on the environment have increased significantly. There have also been changes in community attitude.

The Auditor General in his Report to Parliament No 9 for 2010 ‘Sustainable Management of National Parks and Protected Areas’ stated:
‘To prepare for the challenges affecting the environment and managing community expectations and increasing environmental pressures Department of Environment and Resource Management (DERM) requires comprehensive, robust and integrated systems to ensure conservation of nature outcomes.’

The findings concluded in part that

• systems are in place but not applied consistently
• management plans are in place for only 17% of national parks
• absence of plans create the greatest risk
• systems to formally monitor, report and improve planning are lacking.

The Minister has indicated that to have in place management plans for all national parks would take 30 years and cost $60m. Wildlife Queensland has some sympathy with the Minister and while there is merit in having management plans what is the point if resources are such they can not be implemented. A balance has to be achieved. You must know what you are managing to be able to ascertain if the current practice is effective and achieving its aim.  However with enhanced technology DERM is working to improve management that is more cost effective than individual management plans for each holding. Wildlife Queensland will reserve its decision on any novel approaches but will offer support if enhanced on-ground management can be achieved that benefits the environment rather than a collection of plans that are not implemented.

Photo © Wildlife Land Fund

One thing is certain the Auditor General’s report will cause legislative amendments.
Wildlife Queensland has seized this opportunity to advocate much needed change to other aspects of the NCA.

Two issues to be raised for amendment to NCA are relatively simple and transparent.

Firstly, Division 4 section 46(1) Nature Refuge needs to be amended to include a new category of nature refuge where mining is exempt. Under the national park tenure in the NCA, there is a range of differing national parks each encompassing various management principles to accommodate differing needs. It is only logical that there should be a range of options under the nature refuge tenure to accommodate the desires of the landowners entering into such agreements with the government. 

Secondly, Wildlife Queensland seeks amendments to Part 5, Division 1, focusing on wildlife. Wildlife Queensland is of the opinion that provision has to be made to enable regional ecosystems to be listed under various categories similar to the listings of individual species. Such an approach would not be novel and is already reflected in more enlightened legislation. Habitat of protected species are not well protected under the NCA generally speaking unless it is located within some protected estate tenure or is singled out for protection under an interim conservation order. Furthermore the Vegetation Management Act does not apply to all vegetation throughout the state. Acting on this suggestion will address our concern and further protect the biodiversity of Queensland.

Photo © Wildlife Queensland

The third issue is more challenging. Wildlife Queensland strongly supports the concept of a spotter-catcher for fauna being present when land is being cleared. You may be aware that some local authorities condition development approvals in such a way but it is not consistent throughout the state. There are at least two issues of concern, the preservation of a particular species and the humane treatment of individual animals. Following serious considerations and legal advice, Wildlife Queensland formed the opinion that such provisions would be better advanced under the Nature Conservation Act than the Animal Care and Protection Act.

The purpose of the NCA is the conservation of nature which includes protection of native wildlife and its habitat.  In broad terms the NCA is concerned with the conservation of species not humane protection of individual animals. However the purpose of the Act does appear broad enough to encompass humane treatment for example ensuring an injured animal was appropriately treated. In addition section 88 does create an offence of ‘taking’ which includes harming an individual protected animal with possible defences against prosecution being provided. On this basis and as native animals are usually involved in clearing operations, it is considered that the NCA is the appropriate legislation in which to enshrine legislative requirements that have to be met throughout the state.

Such legislation could lead to regulation, code or guidelines including reference to spotter/catchers to detail what actions were expected of developers clearing a site and thus what constituted evidence of reasonable efforts to avoid ‘taking’ or harming the wildlife. Wildlife Queensland appreciates that the Nature Conservation (Koala) Conservation Plan provides that clearing of certain size trees must be carried out in the presence of a spotter. A more general conservation plan could be made under the NCA that required clearing to occur only in the presence of a spotter in our opinion.

What Wildlife Queensland is doing

• Seeking legal advice
• Discussing issue with various bureaucrats, selected conservation groups and other relevant organisations
• Written to Minister Kate Jones.

What you can do

• If you support the proposed changes, write to the Minister and your local member
• With regard to the spotter-catcher issue, lobby your local authority
• Seek local media coverage.

For more information on Wildlife Queensland's activities, call us on +61 7 3221 0194 or send us an email.