NSW Nationals MP Chris Gulaptis boasts of his betrayal of his electorate

Clarence Valley Independent, 20 October 2020:

Koalas will have more protection but farmers and foresters won’t be saddled with unreasonable red tape following the introduction of a much improved State Environmental Planning Policy (SEPP) into State Parliament last Thursday (October 15), according to Clarence Nationals MP Chris Gulaptis.

“The Local Land Services Amendment Bill 2020” is a vast improvement on what was proposed initially and a win not just for the Nationals, but also for farmers, the timber industry and indeed koalas,” Mr Gulaptis said.

“I was prepared to walk away from the Government over the original Liberal Party plan, but this is a terrific compromise secured by the Nationals in NSW Government, in which rural industries are protected but property developers will be banned from disturbing koala habitat.

“As I said before, the red tape stops at the farm gate and that is how it should be,” Mr Gulaptis concluded.

This is a précis the final 16 October 2020 version of the amended NSW SEPP, State Environmental Planning Policy (Koala Habitat Protection) 2019:

• Retains its new commencement date of 1 March 2020;

• Doesn’t apply to - (b) land dedicated under the Forestry Act 2012 as State forest or a flora reserve. An exemption also contained in the previous 3 September 2020 version of this SEPP;

• Only applies to 83 named local government areas out of a total of 128 local government areas and to - (a) in the koala management area specified in Schedule 1 opposite the local government area, or (b) if more than 1 koala management area is specified, in each of those koala management areas. Clauses also included in the previous version of this SEPP;

• Only applies to land classified as core koala habitat which is over 1 hectare in size. This applied to land in the previous version of the SEPP as well;

• Doesn’t apply to any land on which a development application has already been lodged, as was the case under the previous version of this SEPP;

• Tightens the definition of core koala habitat so that a higher level of proof is required at this clause - (a) an area of land which has been assessed by a suitably qualified and experienced person in accordance with the Guideline as being highly suitable koala habitat and where koalas are recorded as being present at the time of assessment of the land as highly suitable koala habitat;

• Made more land exempt from its provisions - (c) land on which biodiversity certification has been conferred, and is in force, under Part 8 of the Biodiversity Conservation Act 2016;

• Allows larger buildings or buildings on a different part of a post-bushfire residential lot by repealing - (b) the replacement dwelling house is within the existing building footprint;

• Removes this provision protecting koala habitat identified by a particular form of mapping - (i) is not identified on the Koala Development Application Map.

It should be noted that at no time did the 3 September 2020 version of this SEPP ever apply to agricultural land broadly. The existing rules for routine farming activity and rural land clearing did not change and, if farmers had koala habitat on their land they could still apply and get approval to clear koala habitat under existing land clearing laws.

Provisions in Local Land Services Amendment (Miscellaneous) Bill 2020 have little or nothing to do with protecting koalas or farmers with koalas on their land - despite the Nationals MP for Clarence Chris Gulaptis attempting to marry the Koala Habitation Protection SEPP and this Land Services amendment in the public's mind.

What the Local Land Services Amendment (Miscellaneous) Bill 2020 actually does is remove all local government areas from the protection of State Environmental Planning Policy (Koala Habitat Protection) 2019 with the exception of just five local government areas - Ballina, Coffs Harbour City, Kempsey, Lismore and Port Stephens.

The NSW Nationals wanted the bill to go forward using the Koala Habitat Protection SEPP as the excuse masking its real intent - to establish as law those clauses that (i) allow the commercial logging of native trees to continue unimpeded on private land by circumventing a government review of the private forestry system and (ii) to allow future clearing of native timber on farmland without the need for authorisation under other state legislation, including the Environmental Planning and Assessment Act 1979 and Biodiversity Conservation Act 2016 .

On 20 October 2020 the NSW Parliament’s Legislation Review Committee stated in part of the impending legislation of which Gulaptis now so proudly boasts:

The [Land Services] Bill seeks to remove several requirements for land owners to obtain development consent under Parts 4 and 5 of the Environmental Planning and Assessment Act 1979 (the EPA Act). In doing so, the Committee notes that the Bill would remove local councils' ability to assess development applications, engage with relevant neighbour and community stakeholders, and make recommendations regarding the proposed development changes. It may thereby impact on the rights of these stakeholders to participate in such processes and be consulted about issues that may affect them…... [my yellow highlighting]

Chris Gulaptis is boasting of bad law and misrepresenting exactly what is contained in the new legislation to residents and voters in his electorate.

This former surveyor, property developer and mining operations consultant voted for the extinction of a unique species, the Australian Koala, and for virtually unconstrained land clearance which will see many more native species at threat of extinction in New South Wales.