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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-03-04 Daily Xml
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NATIVE VEGETATION (MISCELLANEOUS) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 3 March 2009. Page 1458.)

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (21:51): I understand that all honourable members have contributed to the second reading debate on this matter, and I thank them for their contributions. By way of concluding remarks, the bill supports the new direction for the management of native vegetation in this state with the aim of improving the overall relationship between native vegetation management, natural resources management and development.

The amendments to the legislation sought by the bill reflect the outcome of a targeted consultation process undertaken in 2007, with submissions received from local government, business, individuals and non-government organisations representing mining, development and conservation sectors. Following the parliament's consideration of the bill, it is intended that native vegetation regulations will be amended to simplify them as far as possible for ease of understanding.

Members have indicated that there is general support for the provisions of this bill. We all accept that, following the tragic events in Victoria, there should be a review of the arrangements for managing the interaction of native vegetation and bushfire. I think it should be acknowledged that the Minister for Environment and Conservation has already requested a review of this nature. This review will be led by the Chief Executive of the Department of Environment and Heritage, the Presiding Member of the Native Vegetation Council and the Chief Officer of the CFS (Mr Euan Ferguson) and will include consideration of the roles played by local government, the CFS and environmental agencies in bushfire protection.

The minister is also on record as saying that, in relation to the clearance of native vegetation for fire protection purposes, the government's primary concern is for the safety of its citizens. I understand that there are several amendments to be considered in relation to bushfire protection, and I will address these amendments in detail in the committee stage of the bill.

However, the government believes that, if we all here agree with the provisions of the bill as presented, it should not be hijacked by debate on potential changes to fire control provisions, especially in the absence of the findings of a review that has indeed been initiated. Any changes of this nature should be supported by evidence and done carefully, and they can be progressed through further legislative change if and when required.

In relation to existing provisions for fire control, it is worth noting that at a recent meetings of the Natural Resources Committee on 19 and 26 February this year the Chief Officer of the CFS reiterated his belief that the state's native vegetation laws are not an impediment to clearance for fire protection purposes.

It is incumbent on all of us to ensure that landholders are not dissuaded from undertaking the clearance necessary to protect themselves and their property. To this end, in addition to existing campaigns, the Native Vegetation Council and CFS will implement an information campaign in the coming weeks to help raise awareness of the clearance that can be undertaken under existing legislation, including that which does not require any further approval. The opposition itself will need to be accountable for public statements that can undermine campaigns such as these.

Landowners should not be discouraged from undertaking clearance works as a result of opposition assertions that it is too hard or takes too long to get approval, especially when these assertions are at odds with the view of the Chief Officer of the CFS, who has stated that the current system enables applications to be assessed quickly. Indeed, the government believes that the opposition's second amendment would increase confusion rather than reduce it. To expect a landholder to consider the provisions of both the Fire and Emergency Services Act and the Native Vegetation Act to identify an inconsistency and its extent and then undertake fire protection activities accordingly is simply too much to expect and will serve little practical purpose.

If there are specific provisions of the Fire and Emergency Services Act that should be included in the Native Vegetation Act the opposition would do better to identify them specifically and clearly articulate the practical benefits. Many of the outcomes sought by the opposition's other amendments can already be achieved within existing legislation and without the safety risks associated with uncoordinated fire prevention works that such amendments would allow. For these reasons, the government cannot support the amendments presented by the opposition.

The government also acknowledges that the Hon. Robert Brokenshire has an amendment on file that would see the Chief Officer of the CFS added as an ex officio member of the Native Vegetation Council. I can advise that the government is not opposed to this in principle, given that it is an extension of current arrangements, but it will consider this matter further ahead of the committee stage. Many of our bushfire policies have served us well for many years, and the review initiated by the Minister for Environment and Conservation will help ensure that we avoid making changes with unforeseen consequences at this highly emotional time. I look forward to the committee stage of this bill.

Bill read a second time.

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