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TASMANIA
__________
NATURE CONSERVATION AMENDMENT
(THREATENED NATIVE VEGETATION
COMMUNITIES) BILL 2005
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 25 amended (Management agreement for private land)
5. Section 33 amended (Interpretation of Part)
6. Section 41 amended (Affected owner entitled to apply for
compensation)
7. Section 41A inserted
41A. Restrictions on entitlement to compensation
8. Section 42 amended (Assessment of compensation)
9. Section 44 amended (Effect of failure to pay compensation)
10. Section 76A inserted
76A. Amendment of Schedule 3A
11. Schedule 3A inserted
Schedule 3A Threatened native vegetation communities
[Bill 93]-III
2
NATURE CONSERVATION AMENDMENT
(THREATENED NATIVE VEGETATION
COMMUNITIES) BILL 2005
(Brought in by the Minister for Environment and Planning, the
Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Nature Conservation Act 2002
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Nature
Conservation Amendment (Threatened Native
Vegetation Communities) Act 2005.
2. Commencement
This Act commences on the day on which the
Forest Practices Amendment (Threatened Native
Vegetation Communities) Act 2005 commences.
THIS BILL IS COGNATE WITH THE FOREST PRACTICES AMENDMENT (THREATENED
NATIVE VEGETATION COMMUNITIES) BILL 2005
[Bill 93] 3
s. 3 No. Nature Conservation Amendment 2005
(Threatened Native Vegetation
Communities)
3. Principal Act
In this Act, the Nature Conservation Act 2002*
is referred to as the Principal Act.
4. Section 25 amended (Management agreement for
private land)
Section 25(2) of the Principal Act is amended as
follows:
(a) by omitting "in respect of a private
nature reserve or private sanctuary";
(b) by omitting from paragraph (a) "that
reserved land" and substituting "the
private land";
(c) by omitting from paragraph (b) "that"
first occurring and substituting "the
private land and it is";
(d) by omitting from paragraph (b) "met."
and substituting "met; and";
(e) by inserting the following paragraph after
paragraph (b):
(c) any conservation objectives for
the private land are met.
*No. 63 of 2002
4
2005 Nature Conservation Amendment No. s. 5
(Threatened Native Vegetation
Communities)
5. Section 33 amended (Interpretation of Part)
Section 33 of the Principal Act is amended as
follows:
(a) by inserting ", unless the contrary
intention appears" after "In this Part";
(b) by inserting "or protecting a threatened
native vegetation community from
clearance and conversion" after "fauna"
in paragraph (a) of the definition of
"affected owner";
(c) by inserting "or protecting a threatened
native vegetation community from
clearance and conversion" after "fauna"
in paragraph (b) of the definition of
"affected owner";
(d) by inserting "or involve the clearance
and conversion of a threatened native
vegetation community" after "fauna" in
paragraph (c) of the definition of
"affected owner";
(e) by inserting the following definition after
the definition of "conservation
covenant":
"conservation determination" means
a determination made by the
Forest Practices Authority under
section 19 of the Forest Practices
Act 1985 to
(a) certify a forest practices
plan subject to
5
s. 5 No. Nature Conservation Amendment 2005
(Threatened Native Vegetation
Communities)
amendments made for the
purpose of protecting a
rare or endangered
species of flora or fauna
or maintaining a
threatened native
vegetation community; or
(b) refuse to certify a forest
practices plan application
wholly or partially on the
ground that
implementation of the
proposed forest practices
plan would threaten a rare
or endangered species of
flora or fauna or involve
the clearance and
conversion of a threatened
native vegetation
community;
(f) by omitting the definition of "Forest
Practices Code, 1987" and substituting
the following definition:
"Forest Practices Code" means the
code of that name issued under
section 30 of the Forest Practices
Act 1985;
(g) by inserting the following definition after
the definition of "registered":
"relevant conservation
determination", in relation to a
landowner, means the
conservation determination that
6
2005 Nature Conservation Amendment No. s. 6
(Threatened Native Vegetation
Communities)
makes the landowner an affected
owner;
(h) by inserting the following definition after
the definition of "taxon":
"threatened native vegetation
community" means a community
of native vegetation specified in
Schedule 3A;
6. Section 41 amended (Affected owner entitled to
apply for compensation)
Section 41(3) of the Principal Act is amended by
inserting ", subject to section 41A," after "must".
7. Section 41A inserted
After section 41 of the Principal Act, the
following section is inserted in Division 4:
41A. Restrictions on entitlement to compensation
(1) A landowner is not entitled to
compensation pursuant to section 41
unless the Minister is satisfied that
(a) the relevant conservation
determination has the effect of
requiring the landowner to
exercise a higher duty of care for
the conservation of natural and
cultural values on the relevant
land than is required under the
Forest Practices Code as in force
7
s. 7 No. Nature Conservation Amendment 2005
(Threatened Native Vegetation
Communities)
on the date of the determination;
and
(b) the landowner is not entitled to
any, or adequate, financial
consideration from other sources
(including voluntary, public or
private, conservation funds) for
the financial loss referred to in
that section.
(2) Also, without limiting the generality of
subsection (1), a landowner is not
entitled to compensation pursuant to
section 41 in so far as the relevant
conservation determination prevents the
complete or partial clearance and
conversion of a threatened native
vegetation community unless the
Minister is satisfied that
(a) at the date of the determination,
the proposed clearance and
conversion was not prohibited
under
(i) a law of the State other
than this Act or the Forest
Practices Act 1985; or
(ii) a law of the
Commonwealth; and
(b) for at least 2 years before the date
of the determination, the
landowner was actively managing
the relevant land with the
reasonable intention of
8
2005 Nature Conservation Amendment No. s. 8
(Threatened Native Vegetation
Communities)
undertaking the proposed
clearance and conversion; and
(c) the landowner has undertaken to
manage the threatened native
vegetation community under a
conservation covenant or
management agreement.
8. Section 42 amended (Assessment of compensation)
Section 42(2)(c) of the Principal Act is amended
as follows:
(a) by omitting from subparagraph (ii) "any"
and substituting "if the relevant land is
forested, any";
(b) by inserting the following subparagraphs
after subparagraph (v):
(va) any government restrictions
relating to the clearance and
conversion of threatened native
vegetation communities,
including restrictions under the
Forest Practices Code as from
time to time in force;
(vb) in respect of the conservation of
natural and cultural values on the
relevant land, the extent to which
the duty of care that the
landowner is being required to
exercise regarding those values
exceeds the duty of care required
under the Forest Practices Code
9
s. 9 No. Nature Conservation Amendment 2005
(Threatened Native Vegetation
Communities)
as in force on the date of the
relevant conservation
determination;
9. Section 44 amended (Effect of failure to pay
compensation)
Section 44(8) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "or a
threatened native vegetation community"
after "fauna";
(b) by inserting in paragraph (b) "or a
threatened native vegetation community"
after "fauna";
(c) by inserting in paragraph (c) "or a
threatened native vegetation community"
after "fauna";
(d) by inserting in paragraph (d) "or a
threatened native vegetation community"
after "fauna".
10. Section 76A inserted
After section 76 of the Principal Act, the
following section is inserted in Part 8:
76A. Amendment of Schedule 3A
(1) The Minister, by order, may amend
Schedule 3A by doing one or more of the
following:
10
2005 Nature Conservation Amendment No. s. 11
(Threatened Native Vegetation
Communities)
(a) inserting an item in the Schedule;
(b) omitting an item from the
Schedule;
(c) omitting an item from the
Schedule and substituting a new
item.
(2) An order under this section is not an
instrument of a legislative character for
the purpose of the Subordinate
Legislation Act 1992.
11. Schedule 3A inserted
After Schedule 3 to the Principal Act, the
following Schedule is inserted:
SCHEDULE 3A THREATENED NATIVE
VEGETATION COMMUNITIES
Section 33
1. Alkaline pans
2. Allocasuarina littoralis forest
3. Athrotaxis cupressoides/Nothofagus
gunnii short rainforest
4. Athrotaxis cupressoides open woodland
5. Athrotaxis cupressoides rainforest
6. Athrotaxis selaginoides/Nothofagus
gunni short rainforest
7. Athrotaxis selaginoides rainforest
11
s. 11 No. Nature Conservation Amendment 2005
(Threatened Native Vegetation
Communities)
8. Athrotaxis selaginoides subalpine scrub
9. Banksia marginata wet scrub
10. Banksia serrata woodland
11. Callitris rhomboidea forest
12. Coastal complex on King Island
13. Cushion moorland
14. Eucalyptus amygdalina forest and
woodland on sandstone
15. Eucalyptus amygdalina inland forest and
woodland on cainozoic deposits
16. Eucalyptus brookeriana wet forest
17. Eucalyptus globulus dry forest and
woodland
18. Eucalyptus globulus King Island forest
19. Eucalyptus morrisbyi forest and
woodland
20. Eucalyptus ovata forest and woodland
21. Eucalyptus risdonii forest and woodland
22. Eucalyptus tenuiramis forest and
woodland on sediments
23. Eucalyptus viminalis - Eucalyptus
globulus coastal forest and woodland
24. Eucalyptus viminalis Furneaux forest and
woodland
12
2005 Nature Conservation Amendment No. s. 11
(Threatened Native Vegetation
Communities)
25. Eucalyptus viminalis wet forest
26. Heathland on calcarenite
27. Heathland scrub complex at Wingaroo
28. Highland Poa grassland
29. Highland grassy sedgeland
30. Lowland Poa labillardierei grassland
31. Lowland Themeda grassland
32. Melaleuca ericifolia swamp forest
33. Melaleuca pustulata scrub
34. Notelaea - Pomaderris - Beyeria forest
35. Rainforest fernland
36. Riparian scrub
37. Seabird rookery complex
38. Sphagnum peatland
39. Subalpine Diplarrena latifolia rushland
40. Subalpine Leptospermum nitidum
woodland
41. Wetlands
Government Printer, Tasmania 13