Friday, 6 March 2020

First turtle hatching on the New South Wales coast for 2020


Turtle hatchling
Image supplied

Turtlely cute hatchlings cause for shellabration

In eggciting news, the first hatchlings have emerged from one of eight turtle nests being monitored along the NSW coast by volunteers from the NSW TurtleWatch program.

The nest was laid at Port Macquarie in December and the hatchlings found during a nest inventory last week.

NSW TurtleWatch Project Officer Holly West said northern NSW beaches can provide important nesting habitat for green and loggerhead turtles, listed as vulnerable and endangered, respectively, in NSW.

“People should keep their eyes out from now until May for turtle hatchlings on north coast beaches.

“Our volunteers are like expectant parents at this time of year, eagerly awaiting signs our efforts have paid off.

“When we see those indications of hatchlings emerging from the nest, it’s an exhilarating feeling to think another lot of hatchlings have made it to the ocean.

“We did have some fears for the Port Macquarie nest after evidence of fox disturbance, but National Parks and Wildlife Service (NPWS) rangers undertook some preventative measures including installing predator mesh to deter digging.

“After a nest has hatched NPWS conduct a nest inventory that will give us vital information about the success of the nest. 

This information can be used to help future monitoring and conservation efforts. 

The Port Macquarie inventory revealed over 90% of hatchlings from more than 100 eggs made their way to the ocean.

“15 live hatchlings were uncovered during the excavation and released after sunset.

“This has been a great start for the NSW coast turtle hatching season and our volunteers stand watch over another 7 nests in the Tweed, Clarence Valley, Coffs Harbour and Port Macquarie areas.

“While we try to intervene as little as possible, we have worked with NPWS and council staff to give two nests a helping hand this year.

“One green turtle laid eggs on Manly Beach and we have relocated all 144 eggs from this nest to the Coffs Coast as they would not have survived in Manly due to the cool temperatures experienced there.

“Another nest laid on the Tweed Coast over the Australia Day weekend had to be relocated as it was laid below the high tide line.

“Fingers crossed we get some successful hatchlings from these and all of our other nests,” Ms West said.

To help hatchlings please remember to keep our beaches free from marine debris, sea turtles dig in the dark so keep lights low and keep your eyes peeled for hatchlings while walking the beach. 

If you see a hatchling on the beach, please contact Australian Seabird Rescue immediately on 02 6686 2852 or environment line 1300 361 967.

The NSW TurtleWatch program  is an initiative of the Department of Planning, Industry and Environment’s Saving our Species Program with Australian Seabird Rescue

It is a citizen science program involving volunteers collecting valuable data for marine turtles nesting in NSW and their potential threats.

To find out more or get involved with the NSW TurtleWatch Program e-mail turtlewatchnsw@gmail.com or visit NSW TurtleWatch for more information

Jacki Roberts
Senior Public Affairs Officer
Office of the Coordinator-General

Hatchling stragglers
Image supplied

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/

Thursday, 5 March 2020

Houston we have a problem - our prime minister is a compulsive political liar


THEN.....

"Journalist: It was reported in the Wall Street Journal that an invitation was sought to the White House for Hillsong Pastor Brian Houston who’s a friend of yours and that was not backed? Can you tell us what happened there?
PM: I don’t comment on gossip.
J: So it’s not true?
J: Did you actually put a request in for him to…
PM: I don’t comment on gossip or stories about other stories.
J: Does that mean it’s not true though?
PM: It means it’s gossip.
J: But it…
PM: It means it’s gossip.
J: But not true?
PM: I’ve answered the question.
J: True or not true?" [Australian Prime Minister Scott Morrison refusing to admit he had requested that the White House invite his 'mentor' & paedophile protector, Brian Houston, to an official dinner, The Guardian, 24 November 2019
NOW.....

ABC TV "7.30", 4 March 2020:

LEIGH SALES: You won't release the Gaetjens report into the sports rorts. Your office tried to conceal when you were on holidays in Hawaii in December.
The Government cited national security to avoid answering a question under FOI about whether Pastor Brian Houston was invited to a White House dinner although you have finally admitted this afternoon that he was invited.
Why all the secrecy on stuff that, on the surface, would seem to be not that big a deal?
SCOTT MORRISON: Those things aren't that big a deal that you have talked about, Leigh.
LEIGH SALES: But why the secrecy then?
SCOTT MORRISON: Leigh, I am just focused on the things that I took to the Australian people.
LEIGH SALES: I just want to know why the secrecy. You are not answering what I am asking.
SCOTT MORRISON: Leigh, well, I have disclosed the issues that you have referred to.
So, I mean, in relation to one of those matters I mean, I could have been more candid at the time about it. I wish I was but frankly it wasn't a big deal.
LEIGH SALES: But go back to the trust question. You want Australians to trust you. Does this excessive secrecy help that?
SCOTT MORRISON: I don't accept the assertion you are putting to me, Leigh. I mean you are making accusations.......
LEIGH SALES: Well, what about the Brian Houston thing. Why did you keep that a secret?
SCOTT MORRISON: Well, Leigh, at the time I was in the United States. We had had a very important meeting with the President of the United States. It was not a matter I was intending to be distracted by.
And look, at the time, I could have answered the question differently. I have been up front about that but honestly, at the end of the day, it was not a significant matter and people haven't asked me about it for months and months and months.
A journalist asked me about it today and I just answered it straight up.
LEIGH SALES: But the only reason I am asking about it, because it is a minor matter, is because of the secrecy around it.
I mean, there was an FOI request put in about it that came back and said that the information couldn't be disclosed because it would jeopardise Australia's relationship with the United States.....

The Australian, 4 March 2020:

Houston, we have a problem
This wasn’t a major issue when it was first raised. So why did it take PM so long to come clean on White House invitation for Hillsong’s Brian Houston? 

The Daily Telegraph4 March 2020, p.1O:

Prime Minister Scott Morrison has revealed he lobbied for Hillsong founder Brian Houston to be invited to a White House dinner as part of his state visit last year.
Mr Morrison previously dismissed the claim as gossip but yesterday revealed to 2GB’s Ben Fordham he requested the White House include him on the guest list.
“We put forward a number of names, that included Brian. But, not everybody whose name was put forward was invited,” Mr Morrison said.

Seems that like lying about whether he was in Hawaii on holiday or in Australia while mega bushfires raged, Scott Morrison is also sensitive about his continuing association with a man reportedly under investigation by the NSW Police in relation to his alleged coverup of child abuse perpetrated by his father.

The Future Eaters have re-commenced logging in forests affected by the 2019-20 mega bushfires


Styx River State Forest, in the New England Tablelands region of New South Wales, covers 16,000 hectares. 

The Brisbane Times reported on 26 February 2020:

Conservation efforts in NSW to stop more species becoming extinct in the wake of this season's unparalleled bushfires require more than half a billion dollars over the coming four years. 

Emergency intervention to save as many as 30 endangered species alone needs $15 million this year and $35 million in both the 2021-22 and 2022-23 fiscal years, according to a spreadsheet circulating among state government agencies and obtained by the Sun-Herald. 

A burnt area of the Styx River State Forest in northern NSW.Logging has resumed in the area despite most of the region being burnt.
The leaked requests come as Forestry Corporation resumed logging in unburnt refuges in the Styx River State Forest despite risks to species including nationally endangered Hastings River mice.....

While officials wrangle over conservation funding, industrial-scale logging has resumed in fire-hit regions such as the Styx River, inland from Coffs Harbour on the NSW north coast. 

Chris Gambian, chief executive of the Nature Conservation Council, said the logging would have "immensely negative ecological impacts" given so little of the Styx River forest was unburnt. An endangered Hastings River mouse, from a photograph taken in January 2018. 

“The fires mean that whatever we thought before about wildlife and species has to be scrapped and reassessed," Mr Gambian said, adding he had asked the Environment Protection Authority to issue a statewide stop-work order for logging in native forests state until the effects of the fires are known. 

“Logging remnant forests after such a disaster is like sending a demolition crew in to conduct a cyclone recovery operation," he said. "It is hard to imagine a more harmful intervention." 

Mr Gambian noted the government's own analysis indicated at least 32 threatened animal species alone had lost at least 30 per cent of their habitat due to fires, and were now "teetering on the brink".....

A Forestry Corporation spokeswoman said the majority of production crews on the north coast had moved from native forests to hardwood timber plantations after the fires. 

"A small number of selective harvesting operations that commenced prior to the fires have continued under the strict regulations governing native forestry in NSW," she said, adding that crews in the Styx River State Forest were "finalising work in this location" and will move some harvesting operations into fire-affected forests "in the near future".....

Wednesday, 4 March 2020

One aspect of Scott Morrison's personal war on the poor and vulnerable becomes the subject of a legitimate study


Income management quarantines a portion of social security payments, placing these funds in a special account that can only be used to pay for essentials such as food and bills, and cannot be used to purchase alcohol or tobacco. Compulsory income management was first introduced to Australia - and, indeed, the world - in 2007 as part of the Northern Territory Emergency Response (‘the intervention’), and has been through several incarnations in the decade since. A comparable policy - ‘money management’ - was introduced to New Zealand in 2012.

While numerous government evaluations of income management have been undertaken in Australia, their findings have been inconsistent. Stakeholders and politicians alike have called for a rigorous and independent study of the program to better understand its impacts.

To date, no evaluations - independent or otherwise - have been conducted into money management in New Zealand.

This project therefore represents the first large independent study of compulsory income management in Australia and New Zealand. It investigates how income management has developed as a policy, how it is being implemented by service providers, and how it affects the lives, choices and autonomy of benefit recipients.

A key aim of this study is understand the lived experiences of those who are subject to compulsory income management, and feed these findings back to policymakers.  [About The Study, February 2020]

University of Queensland, media release, 25 February 2020:

COMPULSORY INCOME MANAGEMENT ‘DISABLING, NOT ENABLING’, STUDY SHOWS

Restricting where and on what social security payments can be spent does more harm than good, according to the first large, independent study into Compulsory Income Management (CIM) policies in Australia.

The University of Queensland’s Professor Greg Marston said the majority of participants using the BasicsCard or Cashless Debit Card reported practical difficulties making purchases and paying bills, which introduced new instability into their lives.

Income management proponents say it can stabilise recipients’ lives and finances, and our study found some people have experienced these benefits,” Professor Marston said.

However many more people have faced additional financial challenges because of the policies.

Many also found their expenses had increased as they were blocked from participating in the cash economy and burdened with new fees and charges.”

The study team said CIM had often been framed as an intervention to strengthen benefit recipients’ independence, build responsibility and help transition people away from “welfare dependency” and into work.

Professor Marston said previous evaluations had raised significant concerns about the capacity of income management policies to meet their stated objectives, yet income management continued to be expanded.

There have been recent moves to extend the Cashless Debit Card across the Northern Territory, but our findings show that CIM has in fact weakened many participants’ financial capabilities and autonomy,” he said.

To manage their finances, many participants have become reliant on family members, service providers or automatic payment systems.”

Researcher Dr Michelle Peterie said the study was unique for its focus on individuals’ and communities’ experiences with the Cashless Debit Card and BasicsCard.

These voices have frequently been lost or ignored in the policy debate,” she said.

Dr Peterie said the research showed a voluntary, opt-in form of income management could have a place, however the social, emotional and economic costs of continuing with a compulsory, widespread system outweighed the benefits.

The overwhelming finding is that compulsory income management is having a disabling rather than enabling affect on the lives of many social security recipients,” Dr Peterie said.

This was true across all of our research sites.”

Professor Marston said a policy approach that focused on providing employment and training opportunities and ensuring accessible social services and affordable housing would be a better starting point for creating healthy, economically secure and socially inclusive communities.

The research involved 114 in-depth interviews, conducted at four trial sites (Playford, Shepparton, Ceduna and Hinkler), and a mixed-methods survey of 199 people at income management sites across Australia.

ENDS


Image: The Conversation, 26 February 2020