Pastoral Land Management and Conservation (Use of Pastoral Land) Amendment Bill

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (17:48): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Mr President, I am pleased to introduce to this place the Pastoral Land Management and Conservation (Use of Pastoral Land) Amendment Bill 2023. This Bill will deliver the government's election commitment to confirm that pastoral leases can be used for carbon farming and conservation.

The government acknowledges the enormous contribution pastoral lessees make to the sustainable management of land in South Australia.

The Pastoral Land Management and Conservation Act 1989 (the Pastoral Act) covers 323 leases, comprising 219 stations over an area of 40 million hectares. This is about 40% of South Australia's land area.

Of existing pastoral leases, 21 are already wholly used for conservation, with the approval of the Pastoral Board, and five leases are being used for carbon farming. However, legal uncertainty about the Board's ability to approve non-pastoral uses has arisen in recent years.

This Bill confirms the Board's ability to approve a range of uses of pastoral leases, which is simply a confirmation of the situation that has been in place 'on the ground' for over 30 years.

It will enable, with certainty, the ongoing efforts by lessees, Aboriginal people, and regional communities to manage pastoral lands in a variety of ways.

Specifically, this Bill:

amends the Objects of the Pastoral Act to confirm that pastoral leases can be used for conservation and carbon farming (as defined in the Act);

preserves the role of the Pastoral Board in relation to the approval of non-pastoral uses of pastoral land (for some or all of a pastoral lease);

formally recognises previous Pastoral Board decisions approving the use of some, or all, of a pastoral lease for non-pastoral uses;

clarifies that land assessments will take into account, for all leases, the purposes for which the land is being used; and

clarifies the required qualifications of potential Pastoral Board members nominated by the Conservation Council of SA.

The Pastoral Board's powers in relation to the management of pastoral lands will not change. Current leases will not change. All leaseholders will still need to actively manage their leases and remain subject to Pastoral Act obligations, such as requirements to maintain fencing and watering points unless conditions are varied by the Pastoral Board.

Consultation

This Bill has been informed through consultation with a range of organisations who have a close interest in pastoral land management, including the Pastoral Board, Livestock SA, Primary Producers SA, the Conservation Council of SA, the SA Nature Alliance, SA Native Title Service and First Nations of SA.

Further discussions have also been held with pastoralists, coordinated by Livestock SA, and several conservation organisations, coordinated by the Nature Conservation Society of SA.

I want to take this opportunity to acknowledge and appreciate these contributions.

Implementation

It is intended that the Bill will give the Pastoral Board full certainty to continue exercising its power to approve non­ pastoral activities on pastoral leases.

Importantly, where the Pastoral Board has previously approved a non-pastoral use, these approvals will remain in effect. Any new request to change the use of a pastoral lease will be considered by the Pastoral Board on a case-by-case basis, in accordance with the Act and the Pastoral Board's revised guidelines.

When the Pastoral Board approves a change in use of lease, that change will remain in force unless the lessee seeks a further change.

If the Bill is passed, the new legislation would allow for the Minister responsible for the Act to adjust the definition of carbon farming activities from time to time. This is because carbon farming markets and methods continue to evolve. The government will consult on any proposed changes to the definition which will happen through Regulation.

Benefits

This Bill will support the Pastoral Board's continued management of pastoral land for a variety of purposes.

It also ensures lease holders will continue to have flexibility in relation to how they use their land and can diversify their activities, subject to the approval of the Pastoral Board.

These changes confirm that Significant Environmental Benefit ' (SEB) Offsets, and Heritage Agreements under the Native Vegetation Act 1991 can be implemented on pastoral leases. These tools provide lease holders with opportunities to receive funding for conservation activities on their lease.

Impacts

These changes will not affect the economic viability of pastoral leases. In fact, they create more opportunities for more diverse uses.

Pastoralists and conservationists have worked together side­ by-side across the rangelands for more than 30 years and they will continue to do so.

The economic viability of the pastoral industry is and will remain an object of the Pastoral Act. Supporting lease holders to manage their land flexibly—including for conservation and carbon farming—provides pastoralists with options for generating alternative revenue sources.

Leases used for conservation or carbon farming will continue to be regulated under the Pastoral Act, including requirements for land assessments, which will take into account the use of the land.

These changes will not impact on native title rights or agreements. The government recognises the importance of Aboriginal peoples' spiritual, social, cultural, and economic connections to Country. The Pastoral Board will continue to work with lease holders and Aboriginal people to ensure that the use of pastoral leases is consistent with native title rights.

The Pastoral Board requires native title obligations to be resolved prior to any decision for approval of changes in use or conditions of pastoral leases.

Mr President, I commend the Bill to the chamber and seek leave to insert the Explanation of Clauses into Hansard without my reading them.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Pastoral Land Management and Conservation Act 1989

3—Amendment of section 3—Interpretation

This clause inserts new definitions of carbon farming and conservation purposes and makes an amendment to the definition of pastoral lease to recognise the fact that a pastoral lease may encompass purposes other than pastoral purposes (with the approval of the Board under the Act).

4—Amendment of section 4—Objects

This clause amends the objects to recognise the potential use of pastoral land—

for conservation purposes (as well as, or instead of, pastoral purposes); or

for other purposes approved by the Board (provided that the land is also being used for pastoral or conservation purposes).

5—Amendment of section 7—General duty of pastoral lessees

This clause makes a minor change to recognise the fact that there may be more than 1 enterprise taking place under a pastoral lease.

6—Amendment of section 8—Pastoral land not to be freeholded

This clause adds a clarifying note to section 8.

7—Amendment of section 12—Establishment of Pastoral Board

This clause updates some references and adds a requirement that the board members nominated by the Conservation Council be persons who, in the opinion of the Conservation Council, have knowledge of, and experience in, the conservation of the rangelands environment.

8—Amendment of section 19—Grant of leases

9—Amendment of section 20—Assessment of land prior to grant of lease

These clauses change some wording for consistency with the concept that land under a pastoral lease might be used for purposes other than pastoral purposes.

10—Amendment of section 22—Conditions of pastoral leases

This clause makes it clear that the other purposes that may be approved by the Board include (without limitation) conservation purposes or, if the land is being used for pastoral or conservation purposes, carbon farming.

11—Amendment of section 23—Rent

This clause makes a minor change to recognise the fact that there may be more than 1 enterprise taking place under a pastoral lease.

12—Amendment of section 25—Assessment of land

This clause recognises that an assessment of the capacity of the land to carry stock may not be necessary, or may need to be modified, where the land is being used for purposes other than pastoral purposes.

13—Amendment of section 42—Verification of stock levels

This clause provides that where pastoral land is being used for a purpose other than pastoral purposes, the Board may exempt the lessee from the requirement to provide a statutory declaration as to stock levels under this section.

Schedule 1—Transitional provisions

1—Interpretation

This clause contains a definition.

2—Approvals

This clause ensures certain approvals purportedly given by the Board in the past will continue as valid approvals after commencement of the measure.

Debate adjourned on motion of Hon. L.A. Henderson.