Showing posts with label Berejiklian Government. Show all posts
Showing posts with label Berejiklian Government. Show all posts

Monday 24 August 2020

Morrison and Berejiklian Governments appear to be moving towards removing the moratorium on uranium mining & nuclear power generation in NSW - with the North Coast likely to be in their sights


With the exception of a research nuclear reactor operating in New South Wales, a moratorium on nuclear energy is in place in Australia which prohibits the construction or operation of nuclear power plants.

Federal Parliament created the ban in 1998, and the moratorium has remained in place with bipartisan support ever since.

However, if the federal Minister for Energy and Emissions & Liberal MP for Hume, Angus Taylor, NSW Deputy-Premier & Nationals MLA for Monaro, John Barilaro, and One Nation state MLC, Mark Latham, have their way this may change soon with regard to New South Wales.

Following a referral from the Minister for Energy and Emissions, the Standing Committee on the Environment and Energy resolved on 6 August 2019 to conduct an Inquiry into the prerequisites for nuclear energy in Australia. On 13 December 2019 the Committee presented its report.

The NSW Berejiklian Government is reported to be supporting Mark Latham's private member's bill to lift the state moratorium on nuclear energy production.

The Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 was introduced and had its first reading in the NSW Legislative Assembly on 6 June 2020.

A subsequent NSW Legislative Council inquiry stacked with pro-uranium members recommended that the state ban on nuclear mining and power be lifted - concluding that nuclear energy is "a viable possibility for the State's future generation needs". The Berejiklian Government response to this recommendation is due on 4 September 2020.

The state electorates of Coffs Harbour, Clarence, Myall Lakes, Port Macquarie and Oxley are among a dozen areas previously identified by nuclear lobby group Nuclear for Climate Australia as prime locations for reactors.

All these North Coast electorates are currently held by NSW Nationals. Temporary Speaker Gurmesh Singh in Coff Harbour, Parliamentary Secretary for Regional Roads and Infrastructure Chris Gulaptis in Clarence, Parliamentary Secretary for Regional Transport Stephen Bromhead in Myall Lakes, Deputy Speaker of the Legislative Assembly Leslie Williams in Port Macquarie and Minister for Water, Property and Housing Melinda Pavey in Oxley.

Recently the shadowy Nuclear for Climate Australia has been telling the federal parliament that the silent majority in regional Australia are in favour or have a positive opinion of nuclear power - even those in regional branches of the Labor Party [House of Representative Standing Committee on Environment and Energy, Inquiry on the Prerequisites for Nuclear Energy in Australia, submission, 13 September 2019].

NSW State Labor parliamentarians Walt Secord and Janelle Saffin have vowed to work together to fight One Nation senator Mark Latham’s legislation to set up a nuclear power industry in NSW.

Mr. Secord is Shadow Minister for the North Coast and Upper House deputy Opposition leader and Ms. Saffin is the MLA for LIsmore in the Northern Rivers region.

Secord and Saffin say that Mark Latham’s bill follows a push last year by Nationals leader and Deputy Premier John Barilaro, to establish a nuclear power industry in NSW. They also say that Mr Barilaro also completed a taxpayer-funded visit to the United States where he was drumming up interest in US investors to build nuclear reactors in NSW. At the time, 18 sites were identified as possible sites for nuclear power plants in NSW– including a 250km stretch of coast from Port Macquarie to north of Grafton.

Communities in the Northern Rivers need to begin considering a response to the threats posed by any lifting of the moratorium.

BACKGROUND

Plan envisages 18 Reactors being constructed in NSW by 2040
https://nuclearforclimate.com.au/nsw-regions/

Friday 14 August 2020

What little Koala habitat remaining in NSW is being logged right now


https://youtu.be/3JKA5ZoRDD4


Wildlife rescuer and arborist Kailas Wild shows us evidence of koalas in the middle of a logging operation in the Lower Bucca State Forest on the NSW North Coast.

The bushfires burnt over 2 million hectares of koala habitat and yet the state-owned logging agency Forestry Corporation is right now cutting down unburnt forests that koalas call home.

The NSW Government has the power to stop this destruction. We need to create a groundswell of support for protecting koala habitat. If more people know this destruction is happening and raise their voices in protest, we can work together to ensure our koalas are not forgotten.


Tuesday 4 August 2020

Many Clarence Valley residents are not holding their breath over this NSW Berejiklian Government 2019 election promise


The Daily Telegraph, 31 July 2020, p.15:

Grafton Nationals MP Chris Gulaptis has told the Grafton Chamber of Commerce he expected to see his Grafton Base Hospital election promise granted when planning money was allocated in the 2020/21 NSW Budget. 


Executive officer Annmarie Henderson said the chamber had received written commitments from Premier Gladys Berejiklian, Health Minister Brad Hazzard and the Member for Clarence to start the $263.8 million upgrade in this term of government. 

The chamber said the Minister for Health advised “Health Infrastructure will work with the Northern NSW Local Health District and clinical staff to progress the project through the planning stages”.

BACKGROUND

NSW Nationals website, 19 June 2019:

“The Budget confirms key local election promises namely progressing planning for the $263 million Grafton Base Hospital redevelopment on top of the $17.5 million already invested in the current upgrade of the hospital,” Mr Gulaptis said.


Banner erected by Grafton Base Hospital Community Committee
Weileys Hotel, Grafton NSW
IMAGE:  The Daily Mercury, 31 July 2020


Wednesday 20 May 2020

Time to fight for the forests in New South Wales


In the 2019-20 bushfire season wild fires ravaged forests across New South Wales.

The 100km deep coastal zone running the length of the state was particularly hard hit, but Nambucca State Forest was spared and is a critical refuge for unique wildlife still struggling after those fires.

The Sydney Morning Herald reported on 1 May 2020 that; Government logging has resumed in fire-damaged forests in NSW despite warnings that devastated bushland and endangered wildlife are too fragile to withstand further disruption.....about 92 per cent of the area set for logging was burnt in the fires.

On the morning of Friday 15 May 2020, Gumbaynggirr Traditional Owners and the Nambucca community peacefully demonstrated outside the forest and successfully stopped the NSW Forestry Corporation logging for the day. 



This forest is one of the few remaining patches of unburnt koala habitat and critical refuge for wildlife after the recent bushfire season. 

Community action brought a welcome reprieve but the fight is just beginning. 

The people of New South Wales still need to make sure Nambucca State Forest is kept safe for good. 

Support the Gumbaynggirr Traditional Owners on the frontline by calling on your MP to take urgent action to stop this logging destruction.

Join the fight and email your own state MP to save Nambucca and all native forests from the chopping block.

If you live in the Oxley state electorate make sure to email local Nationals MP Melinda Pavey at oxley@parliament.nsw.gov.au.



At 10am on Tuesday 19 May 2019 logging trucks again entered one of the few unburnt refuges in Nambucca State Forest at Jack Ridge Road, Nambucca. If you live in the region now is the time to protest legally along boundaries of this forest at logging road entrances.

The 'Protect Nambucca Heads State Forest' group have put out a call for assistance.

Wednesday 13 May 2020

Just a reminder that although the Australian Parliament is not regularly sitting during the COVID-19 pandemic, the drive to dismantle environmental protections continues apace


The Morrison Coalition Government, aided and abetted by the NSW Coalition Government and industry is pressing ahead with dismantling New South Wales environmental protections by omission & commission.

Here are just five examples.....

The Oops, my bad! Defence

The Age, 10 May 2020:

One of NSW's major thermal coal miners has admitted it submitted inaccurate figures on the carbon emissions impact of its fuel in an environmental declaration to the state government.

Centennial Coal stated in its submission for an extension of its Angus Place coal mine near Lithgow that burning its coal would produce 80 kilograms of carbon dioxide per tonne. Similar mines – including two of its own – actually cause 30 times more emissions, or 2.4 tonnes of CO2 per tonne of coal.

"Absolutely, we stuffed up," Katie Brassil, the company's spokeswoman said. "Our consultants got it wrong and so we got it wrong."

The assessment of emissions resulting from burning fossil fuels has become a sensitive one in NSW after approvals for two projects were rejected because of the impact of so-called Scope 3 or downstream emissions resulting from burning the product……

Don’t Look Here, Look Over There!

Channel 9 News, 9 May 2020:

A controversial plan for a US company to mine coal beneath a Sydney drinking water dam has been approved by the New South Wales state government while focus was on COVID-19.

Woronora reservoir, an hour's drive south of the CBD, is part of a system which supplies water to more than 3.4 million people in Greater Sydney.

The approval will allow Peabody Energy to send long wall mining machines 450 metres below the earth's surface to crawl along coal seams directly below the dam.

Dr Kerryn Phelps says the fact the decision was made "under the cover of coronavirus" is "unfathomable".

NSW has spent 12 of the last 20 years in drought, with record low rainfall plunging much of the state into severe water shortage last year.

"We know about the potential for catastrophe," Dr Phelps told 9News.com.au.

"We just cannot let this [decision] go unchallenged."…..

Washing Their Hands Of The Problems They Caused


Experts warn the Morrison government is not using its legal powers to protect wildlife from devastating bushfires, which killed billions of animals in the summer.

Under international law the Commonwealth is responsible for maintaining the biodiversity of World Heritage Areas. Under federal law, it’s also responsible for protecting threatened species listed under the Environment Protection Biodiversity Act. But experts say the Commonwealth is yet to fulfil its responsibilities.


A wombat in the charred remains of a Kangaroo Valley bushfire.CREDIT:WOLTER PEETERS

Environment minister Sussan Ley has argued states and territories have "primary" responsibility for wildlife. But environmental law expert, University of Tasmania professor Jan McDonald, said the environment minister is legally obliged to work with states to prevent bushfire damage to threatened species and World Heritage Areas.
A spokesman for Ms Ley said "other than Commonwealth-managed National Parks [such as Kakadu and Uluru-Kata Tjuta], natural disaster preparedness and response planning is led by states and territories as part of their role as the primary regulators of Australia’s plants and animals."….

Rigging The Books

The Guardian, 8 May 2020:

The federal government has stopped listing major threats to species under national environment laws, and plans to address listed threats are often years out of date or have not been done at all.

Environment department documents released under freedom of information laws show the government has stopped assessing what are known as “key threatening processes”, which are major threats to the survival of native wildlife.

Conservationists say it highlights the dysfunctional nature of Australia’s environmental framework, which makes aspects of wildlife protection optional for government.

The Environment Protection and Biodiversity Act is being reviewed, a once-a-decade requirement under the legislation, and there are calls for greater accountability rules to be built into Australia’s environmental laws.

It follows longstanding criticism that the act is failing to curb extinction.

An unacceptable excuse’

In a series of reports since 2018, Guardian Australia has uncovered multiple failures including delays in listing threatened species and habitats, threatened species funding being used for projects that do not benefit species, critical habitat not being protected, and recovery actions for species not being adopted or implemented.

The act lists threats such as feral cats, land clearing and climate change as key threatening processes that push native plants and animals towards extinction.

Once a threat is listed, the environment minister decides whether a plan – known as a threat abatement plan – should be adopted to try to reduce the impact of the threat on native species.

But a 2019 briefing document shows the department has stopped recommending the government’s threatened species scientific committee assess new key threatening processes for potential listing.

Addressing threats to nature ... should not be treated as a luxury
Evan Quartermain”

Among its reasons given is that the department has limited resources to support the work.

The document says key threatening processes have “limited regulatory influence” – that they have little effect – and the department has limited capacity to support assessments of them. Because of this, the department did not recommend any of the key threatening processes put forward “as priorities for assessment”….

Quick, Before They Notice!

The Guardian, 23 April 2020:

The environment minister, Sussan Ley, has flagged the government may change Australia’s national environment laws before a review is finished later this year.

Ley said she would introduce “early pieces of legislation” to parliament if she could to “really get moving with reforming and revitalising one of our signature pieces of environmental legislation”.

It follows business groups and the government emphasising the need to cut red tape as part of the economic recovery from the coronavirus crisis, and comes as the businessman Graeme Samuel chairs an independent statutory review of the Environment Protection and Biodiversity Conservation (EPBC) Act. An interim report is due in June, followed by a final report in October.

When the review was announced, the government said it would be used to “tackle green tape” and speed up project approvals.

Environmental organisations have stressed the need for tougher environmental protections to stem Australia’s high rate of extinction. Australia has lost more than 50 animal and 60 plant species in the past 200 years and recorded the highest rate of mammalian extinction in the world over that period.

Ley said, with the interim report due by the middle of the year, she expected Samuel would “in the course of the review, identify a range of measures that we can take to prevent unnecessary delays and improve environmental standards”.

Where there are opportunities to make sensible changes ahead of the final EPBC review report, I will be prepared to do so,” she said.

On Thursday, Ley and the prime minister, Scott Morrison, said work was already under way to speed up environmental assessments of projects and that the number of on time “key decisions” in the EPBC process had improved from 19% in the December quarter to 87% in the March quarter…..

An environment department spokesman said key decisions covered three items in the assessment process: the decision on whether a project requires assessment under the act, the decision on what assessment method will be used, and the final decision on whether or not to approve the project.....

Sunday 3 May 2020

A reminder that in the middle of a pandemic the old problems remain for land & climate


On 24 April 2020 the NSW Dept. of Primary Industries recorded that 64.6 per cent of the NSW North Coast is still in drought, 21 per cent is drought affected and 14.1 per cent no longer in drought.

This is the Clarence Valley showing by sector In Drought (light ochre to dark orche), Drought Affected (light to darker grey) and Non Drought (green tones):

Clarence Valley LGA outlined by sector
Data current to 24/4/2020 (AEST)
Analysis by NASA shows the NSW fires emitted about 195m tonnes of CO2 from 1 August to December 2019.

Permissions for logging in 2019-2020 firegrounds have been granted by NSW Berejiklian Government.

Friday 10 April 2020

NSW Liberal Party Minister Don Harwin fined $1,000 for deliberately breaching current COVID-19 public health order


Special Minister of State, and Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts, Liberal MLC Don Harwin - a member of the NSW Parliament for the past 21 years - was caught deliberately floughting the current COVID-19 public health order.


Liberal power broker Harwin (pictured), whose principal place of residence is in well-heeled Elizabeth Bay, was found by The Daily Telegraph on 8 April 2020 at his $1.3 million beachfront investment property.

He has apparently been travelling back and forth to his holiday home from Sydney for the last three weeks, has allegedly been entertaining at least one guest at Pearl Bay in that period and, been seen wandering in and out of stores in a shopping centre on one of those trips back to Sydney.

Premier Gladys Berejiklian is refusing to sack Harwin from her ministry.

NSW Police Public Site - News, 9 April 2020:
A man has been issued a $1000 Penalty Infringement Notice (PIN) by police conducting inquiries into the circumstances surrounding his recent travels to a holiday home on the Central Coast.
Police were alerted yesterday (Wednesday 8 April 2020), that a 55-year-old Elizabeth Bay man had relocated to a holiday home at Pearl Beach, in contravention of current Ministerial Direction under the Public Health Act.
After reports he had breached the order, the man returned to Sydney today (Thursday 9 April 2020).
As part of inquiries, investigators from Central Metropolitan Region attended the Elizabeth Bay home unit and spoke with the man.
Following further inquiries, the man was issued a $1000 PIN via email just before 9pm, for failing to comply with noticed direction (Section 5 – COVID-19).
NSW Police Commissioner Fuller said the directions are in place to protect the lives of people in NSW.
“Police have been given these powers to ensure the community spread of COVID-19– which we know is devastating communities across the globe – is minimised,” the Commissioner said.
“You only need to look at the statistics to see that people are dying where appropriate measures have either not been established or are ignored.
“No one individual or corporation is above these laws – anyone suspected of breaching the orders will be investigated and if a breach is detected, they will be dealt with in accordance with the Act.
“On behalf of the community, I strongly urge those with information about breaches to contact police.”
Anyone who has information regarding individuals or businesses in contravention of a COVID-19-related ministerial direction is urged to contact Crime Stoppers: https://nsw.crimestoppers.com.au. Information is treated in strict confidence. The public is reminded not to report crime via NSW Police social media pages.

Thursday 12 March 2020

A reminder that the NSW Nationals do not have the best interests of Northern Rivers communities at heart


This was the NSW Nationals Member of the Legislative Council Ben Franklin (left) on the subject of a particular fossil fuel whose by-products, flaring and fugitive emissions contribute to Australia's rising greenhouse gas emissions and poor water security...... 

Echo Net Daily, 21 February 2020:

A recently announced bilateral energy deal between the NSW and federal coalition governments – which includes expanding the gas industry – has the full support of local Nationals MLC Ben Franklin.
Franklin replied to the question of whether he was supportive of the expansion of the gas industry, despite it contributing to anthropogenic climate change.
He said, ‘The bilateral deal on energy signed between NSW and the federal government is a wonderful step forward’.
‘As the minister for energy and the environment Matt Kean says, “It is the single biggest state-based financial commitment to emissions reduction in the nation’s history and represents a massive Green deal for NSW”.’
It’s a statement rejected by The Greens and environmental groups.....
* Photograph from www.parliament.nsw.gov.au


Friday 6 March 2020

Environmental Defenders Office analysis of the new planning policy for koalas in NSW finds legal safeguards flawed


Koalas are found in the Northern Rivers region of New South Wales and are particularly vulnerable following the devastating 2019-20 bushfire season.

Environmental Defenders Office (EDO), 20 February 2020:


NSW planning policy for koalas falls short of the legal safeguards needed to protect the iconic animals and their habitats. 

By Cerin Loane, Senior Policy and Law Reform Solicitor, and Rachel Walmsley, Policy and Law Reform Director, Sydney 

A new NSW SEPP – State Environmental Planning Policy (Koala Habitat Protection) 2019 – is due to commence on 1 March 2020. With koala numbers having been in decline in NSW over the past two decades, a revised Koala SEPP had been highly anticipated as an opportunity to bolster legal protections for koalas. Frustratingly, the finalised Koala SEPP does little more than tinker around the edges. The fact remains that NSW laws fall far short of providing tangible protection for koalas. And with koala populations and their habitats significantly impacted by the summer’s devastating bushfires, it’s going to take more than just a few revisions to provide our koalas and their habitats the real legal protection they need.

The status of koalas in NSW 

Koalas are currently listed as a vulnerable threatened species in NSW, meaning there is a high risk of extinction in the medium-term.[1] Additionally, individual populations at Hawks Nest and Tea Gardens on the lower north coast, between the Tweed and Brunswick Rivers east of the Pacific Highway in the Northern Rivers area and within the Pittwater Local Government Area in northern Sydney are listed as endangered populations.[2

Accurately estimating koala numbers is difficult. Despite regulations, policies and community initiatives, overall koala numbers in NSW are in decline. In 2016, the NSW Chief Scientist relied on the figures of Adams-Hoskings et.al. in estimating approximately 36,000 koalas in NSW, representing a 26% decline over the past three koala generations (15-21 years).[3] We note however that other reports suggest koala numbers are even lower than this.[4

These estimates were made before the catastrophic bushfire events of this summer, which have been devastating for koalas, with estimates showing that more than 24% of all koala habitats in eastern NSW are within fire-affected areas.[5] Many people are asking how our environmental laws can help conserve and restore vulnerable wildlife at this time – this is something that EDO continues to look at as we start to move forward from the events of this summer (see our response to Australia’s climate emergency). 

A new state environmental planning policy is one legal tool intended to help koalas, but on our analysis the SEPP will remain largely ineffective in addressing the exacerbated threats currently facing them. It took just weeks for almost a quarter of koala habitat in NSW to be burnt in the bushfires, while it has taken the NSW Government 10 years to simply update the list of relevant koala habitat trees in the SEPP. The need for enforceable and effective laws is now more urgent than ever. 

Key changes to the NSW Koala SEPP[6

On 1 March 2020, NSW State Environmental Planning Policy No 44 – Koala Habitat Protection (SEPP 44)[7], which has been in place since 1995, will be repealed and replaced by a new State Environmental Planning Policy (Koala Habitat Protection) 2019 (new Koala SEPP).[8] SEPP 44 will continue to apply to development applications made, but not finally determined, before 1 March 2020.[9

SEPP 44 aims to protect koalas and their habitat, but its settings are weak and not targeted at the type or scale of projects with highest impact. Additionally, the problematic definitions of core koala habitat and potential koala habitat are adopted by other legislation (including the Local Land Services Act 2013 (LLS Act) and the Biodiversity Conservation Act 2016 (BC Act)), where they are used as a benchmark for triggering processes and regulation relating to land clearing and development assessment.[10

EDO has been calling for changes to SEPP 44 for the best part of a decade. In December 2010, EDO wrote to the Government on behalf of Friends of the Koala noting that SEPP 44 ‘is in urgent need of reform’.[11] In 2016, the Government announced a review of SEPP 44.[12] EDO made a submission on the Review of the Koala SEPP outlining our key concerns with its operation and making recommendations for improvement.[13] It wasn’t until fires began burning across the state late last year that the Government announced the release of the new Koala SEPP, just days before Christmas.

Despite recommendations that the Government consult on the text of a draft SEPP and any relevant guidelines or supporting material following its 2016 review, the final SEPP was made without any additional consultation; but it does address a number of stakeholder concerns. Most significantly, it updates the definition of ‘core koala habitat’ and removes the problematic concept of ‘potential koala habitat’, instead relying on mapping (a new Koala Development Application Map and new Site Investigation areas for Koala Plans of Management Map) to initially identify koala habitat. However, certain legal mechanisms still apply only to core koala habitat.[14

The new SEPP also updates the list of feed tree species in Schedule 2, used to help identify koala habitat, from 10 species to 123 species, categorised into 9 distinct regions. Other key changes include: 
  • Removing the requirement for site specific plans of management (in instances where a comprehensive Koala Plan of Management is not in place), instead requiring decision-makers to take into account new standard requirements in a Koala Habitat Protection Guideline. Concerningly, the Guidelines have not yet been seen, there are no formal requirements for developing the Guidelines (e.g. no requirements for community consultation or peer review) and the standards within the Guidelines are not mandatory – the new Koala SEPP requires only that they be taken into account. 
  • Moving provisions relating to how local environment plans and other planning instruments should give effect to protection to koalas from the SEPP to a new Ministerial planning direction (which is yet to be made).
Ongoing concerns 

There are also a number of key concerns that have not been addressed by the new Koala SEPP. For example: 
  • No areas of koala habitat are off-limits to clearing or offsetting – NSW laws do not prohibit the clearing of koala habitat. Despite declining koala numbers and the devastation caused by this summer’s fires, NSW laws still allow koala habitat to be cleared with approval. The new Koala SEPP simply requires decision-makers to ensure development approvals are consistent with koala plans of management (PoMs) or, if a PoM is not in place, that the (yet-to be-made) Guidelines are taken into account. If our laws are to truly protect koalas and their habitats then the approval process must not allow important koala habitat to be offset or cleared in exchange for money, in the way that the NSW Biodiversity Assessment Method does. Rather, all development that has serious or irreversible impacts on koala habitat must be refused. 
  • The requirement for councils to prepare Comprehensive Koala PoMs remains voluntary – Due to the slow uptake by councils (only 5 comprehensive PoMs have been finalised since SEPP 44 commenced in 1995),[15] EDO has previously recommended that the preparation of comprehensive koala PoMs (CKPoMs) be mandatory (i.e. the SEPP require that draft CKPoMs be prepared and exhibited within a particular timeframe). 
  • The new Koala SEPP still only applies to limited types of development – As was the case with SEPP 44, the new Koala SEPP still only applies to council-approved development. This means that the new Koala SEPP does not apply to the wide range of development and activities that can impact on koala habitat, including complying development, major projects (State significant development and State significant infrastructure), Part 5 activities (e.g. activities undertaken by public authorities) and land clearing activities requiring approval under the LLS Act. 
  • The 1 hectare requirement has not been removed – The arbitrary threshold of 1ha for triggering SEPP 44 has been carried over to the new Koala SEPP. Excluding sites below 1ha from the Koala SEPP leaves small koala habitat areas, particularly koala habitat in urban areas, without adequate protection. The 1 hectare requirement also contributes to cumulative impacts and can reduce connectivity across the landscape by allowing small patches to be cleared. 
  • Climate change considerations have been overlooked – The review of SEPP 44 provided an opportunity to incorporate requirements to identify and protect habitat and corridors that will support koalas’ resilience to more extreme heat and natural disasters, even if there is no koala population in those areas now, however there is nothing in the new Koala SEPP that specifically addresses climate change. 
  • Monitoring and compliance requirements have not improved – There are no new requirements relating to monitoring, review, reporting and compliance in the new Koala SEPP. 
The future for NSW koalas 

The new Koala SEPP highlights the overarching deficiencies in NSW laws to provide genuine protections for wildlife and nature. The way our laws are designed, very little is off limits to development or activities such as urban development, mining, and agriculture. While environmental laws provide processes for assessing environmental impacts, at the end of the day weak offsetting laws and discretionary decision-making powers allow destructive activities to go ahead to the detriment of our wildlife and natural resources. Contradictory policy settings in NSW laws mean that laws aimed at conserving biodiversity and maintaining the diversity and quality of ecosystems (such as the BC Act) are undermined by other legislation that facilitates forestry, agricultural activities and developments (such as the LLS Act, Forestry Act 2012 (Forestry Act) and Environmental Planning and Assessment Act 1979 (EP&A Act)). 

Many of the recent initiatives by the NSW Government to address koala conservation have focused mainly on funding and policy, without substantial legislative or regulatory reform to increase legal protections for koala populations and habitat. The new Koala SEPP is no exception. While some improvements have been made, particularly in relation to the definition of core koala habitat, overall many concerns remain and the Koala SEPP is unlikely to result in improved outcomes for koalas. 

Until our laws are strengthened to truly limit or prohibit the destruction of koala habitat, koala populations and their habitat will continue to be at risk and koala numbers will continue to decline in NSW, possibly to the point of local extinction. 

Footnotes 

[1] Biodiversity Conservation Act 2016, s 4.4(3) 

[2] See www.environment.nsw.gov.au/threatenedSpeciesApp/profile.aspx?id=20300; www.environment.nsw.gov.au/threatenedSpeciesApp/profile.aspx?id=10615 and www.environment.nsw.gov.au/threatenedSpeciesApp/profile.aspx?id=10614 

[3] NSW Chief Scientist & Engineer, Report of the Independent Review into the Decline of Koala Populations in Key Areas of NSW, December 2016 above no 6, citing Adams-Hosking, C, McBride, M.F, Baxter, G, Burgman, M, de Villiers, D, Kavanagh, R, Lawler, I, Lunney, D, Melzer, A, Menkhorst, P, Molsher, R, et al. (2016). Use of expert knowledge to elicit population trends for the koala (Phascolarctos cinereus). Diversity and Distributions, 22(3), 249-262. doi: 10.1111/ddi.12400 

[4] See, for example, Paull, D., Pugh, D., Sweeney, O., Taylor, M.,Woosnam, O. and Hawes, W. Koala habitat conservation plan. An action plan for legislative change and the identification of priority koala habitat necessary to protect and enhance koala habitat and populations in New South Wales and Queensland (2019), published by WWF-Australia, Sydney, which estimates koala numbers to be in the range of 15,000 to 25,000 animals. In 2018, the Australian Koala Foundations estimates koala numbers in NSW to be between 11,555 and 16,130 animals, see www.savethekoala.com/our-work/bobs-map-%E2%80%93-koala-populations-then-and-now 

[5] See Department of Planning, Industry and Environment, Understanding the impact of the 2019-20 fires, https://www.environment.nsw.gov.au/topics/parks-reserves-and-protected-areas/fire/park-recovery-and-rehabilitation/recovering-from-2019-20-fires/understanding-the-impact-of-the-2019-20-fires 

[6] See https://www.planning.nsw.gov.au/Policy-and-Legislation/Environment-and-Heritage/Koala-Habitat-Protection-SEPP 

[7] See https://www.legislation.nsw.gov.au/#/view/EPI/1995/5 (Note – This link is unlikely to work after 1 March 2020, however the former SEPP will be able to be found on the NSW legislation website under repealed EPIs (environmental planning instruments)) 

[8] See https://www.legislation.nsw.gov.au/#/view/EPI/2019/658 

[9] State Environmental Planning Policy (Koala Habitat Protection) 2019, section 15 

[10] As noted earlier in our submission, for example, for the purpose of the land management regime under Part 5A of the Local Land Services Act 2013, category 2-sensitive regulated land (on which clearing is more strictly regulated) is to include ‘core koala habitat’.

[11] EDO NSW Submission on State Environmental Planning Policy No 44 – Koala Habitat, December 2010, available at https://d3n8a8pro7vhmx.cloudfront.net/edonsw/pages/3547/attachments/original/1485908888/Attachment_A_-_2010_EDONSW_SEPP_44_Submission_for_FOK.pdf?1485908888 

[12] See https://www.planning.nsw.gov.au/Policy-and-Legislation/State-Environmental-Planning-Policies-Review/Draft-koala-habitat-protection-SEPP 

[13] See https://d3n8a8pro7vhmx.cloudfront.net/edonsw/pages/3547/attachments/original/1485908884/170131_Koala_SEPP_44_Review_Submission_-_FINAL_to_DPE.pdf?1485908884 

[14] For example, under clause 9 of State Environmental Planning Policy (Koala Habitat Protection) 2019, which applies to development on land for which no PoM is in place, the Guidelines will not apply if a suitably qualified and experienced person provides information that the land is not core koala habitat. 

[15] There are only approved plans for five council areas, and a further nine Councils who have drafted or undertaken koala habitat studies See https://www.environment.nsw.gov.au/topics/animals-and-plants/native-animals/native-animal-facts/koala/koala-conservation

IF NORTH COAST VOICES READERS WOULD LIKE TO MAKE A MODEST DONATION TO THE ENVIRONMENTAL DEFENDERS OFFICE THEY CAN DO SO AT: 

https://www.edo.org.au/help-us-become-a-formidable-force-for-justice/