THE State Government will work with landholder groups to remove or amend the existing penalty regime under the Vegetation Management Act to pursue a more consistent and equitable system for legal breaches.
Natural Resources and Mines Minister Andrew Cripps told
Parliament late last week the application of the penalty guide under the Vegetation Management Act, known as section 60B, had resulted in inequitable penalties
being imposed.
Controversial since its inception in 2003, section 60B created a guide for penalties based on the ‘extent’ of vegetation remaining and imposed higher penalties based on the status of vegetation and number of hectares unlawfully cleared.
Following a review of the penalty regime announced within days of the Newman Government taking office, the Department of Natural Resources concluded s60B was
difficult to apply consistently where multi-species land clearing occurred, and where it is difficult to quantify the number of hectares of a particular species cleared.
Mr Cripps told Parliament that under this section a person
who unlawfully cleared a small area could pay significantly more – on a per hectare basis – than another person who cleared vast tracts of protected vegetation.
Mr Cripps said it was also possible that maximum penalties could be split between co-defendants, which could drive up the relative penalties for individuals.
“The penalty guide does not specifically consider issues such as the capacity of a defendant to pay; the impact on the property; the level of knowledge the individual
had; or even if the defendant has derived a benefit from
the clearing,” he told parliament.
“In many cases, magistrates prosecuting these cases found the guide confusing, but had little alternative apart from using this schedule to fine rural land holders near the maximum prescribed penalty for these offenses.”
“The subsequent effect of applying a penalty in excess of
$100,000 has a devastating effect on the livelihood of
producers in all circumstances, and is a perverse consequence of a landholder who may have been simply trying to protect the productive capacity of land.”
Mr Cripps also announced landholders can apply for an extension of existing fodder harvesting permits, rather than re-applying for a new permit, at a saving of hundreds of dollars.
Mr Cripps said landholders with permits expiring before June 30, 2013, will now be able to extend them by five years under a streamlined renewal process.
He said the reform simplifies the fodder harvesting permit
renewal system and brings significant benefits to landholders across South West Queensland.
“Landholders can now simply request an extension to a fodder harvesting permit’s expiry date for free, rather than having to apply for a new one. This means landholders will save more than $365,” he said.
Mr Cripps said streamlining the fodder harvesting permit
renewal process had been based on a thorough assessment of the risk of extending 27 fodder harvesting permits in the south west of the state.
He said the permits, which are due to expire before June 30, 2013, are spread over nine shires, with the majority in the Murweh and Quilpie shires.
