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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-11-29 Daily Xml
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ARKAROOLA PROTECTION BILL

Second Reading

Second reading.

The Hon. I.K. HUNTER (Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for Disabilities, Minister for Youth, Minister for Volunteers) (15:20): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Arkaroola area is a significant place for the Adnyamathanha People, whose connections with this place remain strong and vibrant.

It is a region defined by towering granite peaks, razor back ridges, and deep gorges. Arkaroola also encompasses ancient sea beds which hold fossils that are up to 650 million years old. Geologists have stated that the ancient Arkaroola Reef is of tremendous scientific importance and includes a reef framework containing calcified organisms that may represent the remains of the oldest animals on Earth. Arkaroola is also home to over 160 species of birds, and the rare Yellow-footed Rock-wallaby . It is a unique combination of superlative natural phenomena.

The purpose of this legislation is to protect the cultural, natural and landscape values of Arkaroola in perpetuity. This legislation will establish the Arkaroola Protection Area, and provide for the proper management and care of that area. The legislation also specifically prohibits all forms of mining activities within the Arkaroola Protection Area.

This unprecedented legislation, in conjunction with other measures initiated by the Government, will result in Arkaroola being protected for all time.

In 2009 a draft policy document, Seeking a Balance, generated considerable interest across the community, with nearly 500 submissions being received, the vast majority of which were overwhelmingly in favour of protecting Arkaroola from mining.

Having been delivered this unequivocal message from the people of South Australia (and further afield), on 22 February 2011, the Government undertook a consultation process on identifying the best conservation management framework for Arkaroola. In doing so, we considered all of the available options to preserve the iconic Arkaroola area, including a definitive ban on mining at Arkaroola.

The Minister for Mineral Resources Development and I personally undertook consultation with directly affected parties. This included the Adnyamathanha People, the Arkaroola and Mount Freeling Pastoral Lease Holders and all exploration and mining companies with an interest in the area. Following this process and Cabinet consideration of the consultation outcomes, the conclusion was that exploration and mining access should be excluded from a defined area of Arkaroola as a first step in protecting its landscape and conservation values, and to meet community expectations.

Accordingly, on 22 July 2011, the Government announced a series of measures that will permanently protect Arkaroola. The first step, as an interim measure, has been to reserve the land from the operation of the Mining Act 1971 and the Opal Mining Act 1995. His Excellency, the Governor in Executive Council, made these proclamations on 29 July 2011.

The Premier has also recently written to the Prime Minister, the Hon Julia Gillard MP, signalling the South Australian Government’s intention to pursue the listing of Arkaroola on Australia’s National Heritage List and to seek to have the area inscribed on the World Heritage List. As a precursor to these National and World Heritage nominations, the Premier also recently nominated Arkaroola to be assessed for its State heritage significance and the South Australian Heritage Council has since resolved to enter Arkaroola in the South Australian Heritage Register.

The most powerful protection, however, comes from this special purpose legislation. The Arkaroola Protection Bill 2011 will protect the cultural, natural and landscape values of a defined area to be known as the Arkaroola Protection Area, and will exclude exploration and mining within the area.

These measures in combination will give Arkaroola the highest level of protection that can be afforded by the Parliament of South Australia.

An important element in considering this Bill is that the Arkaroola Protection Area will meet international and national standards for what is considered a protected area. The International Union for the Conservation of Nature has devised a series of protected area management categories, which are recognised by the Convention on Biological Diversity as a way of categorising the incredible variety of protected area management types in the world.

Indeed, not only will it meet the IUCN definition of a protected area, but the Arkaroola Protection Area will specifically meet the definition of a 'category II National Park' under the IUCN framework. This Bill is therefore unique in enabling us to establish the Arkaroola Protection Area so as to have the same legal status in South Australia as a National Park under the National Parks and Wildlife Act 1972, as well as being internationally recognised as a protected area.

The Bill spatially defines the Arkaroola Protection Area, via a deposited plan that will only be capable of amendment by further Act of Parliament.

Through its objects the Bill provides for the conservation of features of cultural and natural significance, including the conservation of habitat, ecosystems, biological diversity, geological features and landscapes.

The native title rights of the Adnyamathanha People will be fully respected by this legislation, and Aboriginal heritage will continue to be protected. Accordingly, the Bill has a specific provision to support the conservation of objects, places or features of cultural value to the Adnyamathanha People. Rather than affecting the determined native title rights of the Adnyamathanha, this legislation supports the continued existence, enjoyment and exercise of those rights.

The Bill contains objects to support scientific research and environmental monitoring that is in keeping with the other objects of the Bill. It also contains an object to foster public appreciation, understanding and enjoyment of the cultural and natural features of the Arkaroola Protection Area.

To ensure the proper management and care of the area, the Bill requires that the Minister for Environment and Conservation must develop a management plan for the Arkaroola Protection Area. The management plan must be consistent with, and seek to further, the objects of the proposed Arkaroola Protection Act 2011.

The management plan will be an expression of policy and does not in itself affect rights or liabilities. It will, however, be a powerful tool in establishing the rules relating to matters such as grazing and incompatible development within the area. Significantly, the Bill requires any person or body involved in the administration of any other Act to exercise their powers and functions in relation to the Arkaroola Protection Area in a manner that is consistent with and seeks to further the Arkaroola management plan.

The role of the management plan is further strengthened by the requirement for the Minister responsible for the administration of the Development Act 1993 to review any Development Plan relating to the Arkaroola Protection Area to ensure its consistency with the management plan.

Preparation of the management plan will commence once this legislation has passed. In order that the native title rights of the Adnyamathanha people remain unaffected, the management plan must be developed in a manner which is not inconsistent with the continued exercise and enjoyment by the Adnyamathanha People of their determined native title rights and interests. The Bill, therefore, requires that the Adnyamathanha People (and all other persons or bodies holding an interest in the area) be consulted about, and be involved in, developing the management plan.

The Bill specifically provides that no mining rights or operations or regulated activities under the Mining Act 1971, the Opal Mining Act 1995 or the Petroleum and Geothermal Energy Act 2000 can be acquired or exercised in relation to land within the Arkaroola Protection Area. The definition of this land is the same as that contained in the Acts Interpretation Act 1915 and will include the subsurface land within the area. This includes both existing and future operations and activities related to exploration or production.

The unique nature of the region justifies the decision to end mining access at Arkaroola but suggestions that this decision will increase South Australia’s sovereign risk are clearly refutable. This Government remains unashamedly pro-mining.

The decision to ban mining in a small, clearly defined area of the State does not change the overall ground rules for mining access in the South Australia, nor does it have any implications beyond Arkaroola—hence the need for special purpose legislation relating only to Arkaroola.

The intent of the proposed legislation is only to prohibit exploration and mining within the Arkaroola Protection Area—if a tenement boundary crosses into the Arkaroola Protection Area, only that part of the licence within the Arkaroola Protection Area will not be available for exploration and mining. Mining operations or regulated activities under a mining Act will remain permissible in the part of the licence not within the Arkaroola Protection Area.

The Bill also includes the provision to allow the Governor to make such regulations as are contemplated by, or necessary or expedient for the purposes of, the proposed legislation.

The Bill also makes related amendments to:

the Development Act 1993, so that the Planning Strategy will be taken to include the objects of the proposed Arkaroola Protection Act 2011, and to establish arrangements for the amendment of the development plan to ensure consistency with the proposed Arkaroola Protection Act 2011;

the Natural Resources Management Act 2004 so that the Regional NRM plan, when adopted (or amended), is to be consistent with the management plan for the Arkaroola Protection Area; and

the Pastoral Land Management and Conservation Act 1989 so that pastoral leases relating to land in the Arkaroola Protection Area will include conditions requiring the lessee to use that land in accordance with the management plan.

The Arkaroola Protection Bill 2011 and the related initiatives provide the framework by which we will protect an iconic part of South Australia for future generations to enjoy and appreciate.

Explanation of Clauses

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines certain terms used in the measure.

4—Objects

This clause sets out the objects of the measure.

5—Administration of Act

The administration of the measure is to be committed to the Minister administering the National Parks and Wildlife Act 1972.

6—Interaction with other Acts

Except where the contrary intention is expressed, the measure is in addition to and does not derogate from other Acts.

7—Native title

This clause confirms that the measure is not intended to affect native title rights existing over the Arkaroola Protection Area.

8—Management plan

This clause provides for the development of a management plan for the Arkaroola Protection Area. Whilst the management plan is an expression of policy and does not, of itself, affect rights or liabilities, the provision requires persons and bodies involved in the administration of Acts to act consistently with, and to seek to further, the management plan in exercising powers and functions in relation to the Arkaroola Protection Area.

9—Review of Development Plans

This clause requires that the Minister responsible for the administration of the Development Act 1993 ensure that any Development Plan under that Act that relates to the Arkaroola Protection Area, or a part of the Area, is reviewed within 6 months after publication of the management plan for the purpose of determining whether any amendments should be made to the Development Plans to promote consistency with the management plan.

10—Prohibition of mining operations and regulated activities

This clause provides that after the commencement of this section, rights to undertake mining operations or regulated activities cannot be acquired or exercised pursuant to a mining Act in respect of the Arkaroola Protection Area (despite any other law). The clause also makes express provision to the effect that nothing in the Act affects the rights of an adjacent tenement holder in respect of any land comprised in the tenement that is outside the Arkaroola Protection Area.

11—Regulations

This clause provides for the making of regulations for the purposes of the measure.

Schedule 1—Related amendments

Part 1—Preliminary

1—Amendment provisions

This Part is formal.

Part 2—Amendment of Development Act 1993

These related amendments would ensure that the objects of the measure are incorporated in the Planning Strategy and make provision in relation to amendment of Development Plans to promote consistency with the management plan.

Part 3—Amendment of Natural Resources Management Act 2004

This related amendment requires a regional NRM plan to be consistent (as far as practicable) with the management plan under the measure.

Part 4—Amendment of Pastoral Land Management and Conservation Act 1989

This related amendment provides for the inclusion, in relevant pastoral leases, of land management conditions providing for the lessee's obligation to use the land in accordance with the management plan. Under the existing section 22(1a) of the Act, this condition will be taken to be a condition of the existing pastoral leases, but may be varied by the Board if the variation of condition is accepted by the lessee (see section 26 of the Act).

Debate adjourned on motion of Hon. J.M.A. Lensink.

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