New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
ENDANGERED FAUNA (INTERIM PROTECTION)
AMENDMENT BILL 1992
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The objects of this Bill are:
(a) to extend until 1 October 1993 the operation of those provisions of the
Endangered Fauna (Interim Protection) Act 1991 that are due to expire on 1
December 1992; and
(b) to extend until 1 October 1993 the duration of certain licences to take or kill
endangered fauna issued under section 120 of the National Parks and Wildlife
Act 1974 after the commencement of the Endangered Fauna (Interim
Protection) Act 1991.
Extended provisions of Interim Protection Act
The Endangered Fauna (Interim Protection) Act 1991 made a number of changes of
which 2 were expressed to expire on 1 December 1992 or any earlier date on which
replacement species protection legislation was enacted
The first of those temporary changes was the inclusion of a defence to the offence in
section 98 of the National Parks and Wildlife Act 1974 of taking or killing protected
fauna (other than endangered fauna), that is, generally native fauna that is not
endangered. The defence enables a person to carry out development in accordance with
a development consent under the Environmental Planning and Assessment Act 1979 or
an activity for which Part 5 of that Act has been complied with. The defence was
necessary because the Endangered Fauna (Interim Protection) Act 1991 extended the
meaning of "take or kill" fauna to include any "significant modification of the habitat
of the fauna which is likely to adversely affect its essential behavioural patterns". The
Bill extends the date on which the defence expires until 1 October 1993.
The second of those temporary changes was an amendment to the Environmental
Planning and Assessment Act 1979. The amendment included the additional
requirement for a fauna impact statement for development consent and for any
environmental impact statement under Part 5 of that Act. The Endangered Fauna
(Interim Protection) Act 1991 made that requirement for all protected fauna but the
Timber Industry (Interim Protection) Act 1992 limited its application to endangered
fauna. The Bill extends the date when the requirement expires until 1 October 1993.
The other changes made by the Endangered Fauna (Interim Protection) Act 1991 are
not temporary and are not affected by the Bill. Those changes include the extension of
the definition of "take or kill", the establishment of an independent scientific committee
that recommends the listing of endangered fauna, the requirement for a fauna impact
statement for a general licence to "take or kill" endangered fauna (whether or not in
pursuance of development consent etc.), the power to issue stop work orders to prevent
development that is likely to significantly affect the environment of endangered or other
protected fauna, and the extension of the Act to amphibians.
Extended licences
The Endangered Fauna (Interim Protection) Act 1991 imposed restrictions on general
licences issued by the Director of National Parks and Wildlife after the publication of
the new schedule of endangered fauna. The Act commenced on 17 December 1991, but
the new schedule was not published until 28 February 1992. A number of general
licences have been issued since the commencement of the Act to the Forestry
Commission and others to take or kill endangered fauna in connection with existing
forestry and other operations. The licences are of limited duration.
The Bill extends the duration of those licences until 1 October 1993. The Bill makes
it clear that the licences remain subject to the provisions of the National Parks and
Wildlife Act 1974 relating to the cancellation or variation of licences.