Nature Conservation Amendment (Threatened Native Vegetation Communities) Act 2006

Nature Conservation Amendment (Threatened Native Vegetation Communities) Act 2006

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 2006 .

2.   Commencement

This Act commences on the day on which the Forest Practices Amendment (Threatened Native Vegetation Communities) Act 2006 commences.

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.

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 omitting "rare or endangered species of flora or fauna" from paragraph (a) of the definition of affected owner and substituting "threatened species or protecting a threatened native vegetation community from clearance and conversion";

(c) by omitting "rare or endangered species of flora or fauna" from paragraph (b) of the definition of affected owner and substituting "threatened species or protecting a threatened native vegetation community from clearance and conversion";

(d) by omitting "rare or endangered species of flora or fauna" from paragraph (c) of the definition of affected owner and substituting "threatened species or involve the clearance and conversion of a threatened native vegetation community";

(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 amendments made for the purpose of protecting a threatened species 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 threatened species 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 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 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 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 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:

(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)  The provisions of section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 apply to an order under subsection (1) as if the order were regulations within the meaning of that Act.

(3)  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

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

25.   Eucalyptus viminalis wet forest

26.   Heathland on calcarenite

27.   Heathland scrub complex at Wingaroo

28.   Highland grassy sedgeland

29.   Highland Poa grassland

30.   Melaleuca ericifolia swamp forest

31.   Melaleuca pustulata scrub

32.   Notelaea - Pomaderris - Beyeria forest

33.   Rainforest fernland

34.   Riparian scrub

35.   Seabird rookery complex

36.   Sphagnum peatland

37.   Subalpine Diplarrena latifolia rushland

38.   Subalpine Leptospermum nitidum woodland

39.   Wetlands

[Second reading presentation speech made in:

House of Assembly on 13 JULY 2006

Legislative Council on 18 OCTOBER 2006]