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9 September 2013 Mr Trevor Ruthenberg MP Chair Health And Queensland Government Department of National Parks, Recreation, Sport and Racing 9 September 2013 Mr Trevor Ruthenberg MP Chair Health and Community Services Committee Parliament House George Street BRISBANE QLD 4000 Email: [email protected] Dear Mr Ruthenberg Thank you for the opportunity for the Department of National Parks, Recreation, Sport and Racing to present at the recent public briefing on the Nature Conservation and Other Legislation Amendment Bill (No. 2) 2013 (NCOLA Bill). As part of this briefing there were five questions taken on notice, with a response required from the department by 9 September 2013. I am pleased to provide the following responses to each of these questions to assist the Health and Community Services Committee in its inquiry into the NCOLA Bill. Question #1 The Committee requested information on the average cost of litigation paid per year by the State Government as a result of personal injuries sustained in national parks. The Committee further queried whether the savings from not being sued would go back into infrastructure, upkeep and management of tracks such as the Great Walk in Spring brook or Purlingbrook Falls. Department Response Advice from the department's In-house Legal team confirms it is not possible to provide a realistic average yearly figure for litigation because a large payment amount for a single claim in any one year will skew the statistics. What is expended yearly depends on claims made, claims settled and claims decided in the courts. A difference also exists between the investigation and legal costs that the State incurs and the payout amounts for successful claims. In the last 20 years, ove($2 million has been paid by the State as compensation for deaths and personal injuries sustained in national parks. There are nine current claims against the State relating to death and personal injury in national parks for which the Queensland Government Insurance Fund (QGIF) has expended approximately $500,000 in investigation and legal costs to date. These claims are for in excess of $11.9 million dollars. However, a claimant may not be successful in recovering the entire amount of the claim. Consistent with comments made at the public briefing, investigation and legal costs and compensation payouts are paid by the State Government through QGIF and are not directly linked to the budget of the Department of National Parks, Recreation, Sport and Racing. The department is required to pay insurance premiums to QGIF and a $10,000 excess payment for each claim. As such, any reduction in compensation payouts as a result of the proposed liability provisions under the NCOLA Bill would not influence the budget of the department in undertaking its management responsibilities for the protected area estate. However without taking action to reduce the State's liability, the increasing trend towards large litigation claims and any increases in large successful claims, may impact on the department with regard to increases or changes to insurance arrangements over time. Question #2 The Committee requested confirmation on whether areas currently under the conservation park tenure will be opened up for activities including mining, coal seam gas (CSG) and grazing as a result of the proposed tenure changes under the NCOLA Bill. Department Response Mining and CSG Under the current provisions of the Nature Conservation Act 1992 (NCA), the granting of a mining interest, geothermal tenure or GHG authority is specifically prohibited on a conservation park. This includes a mining interest granted for Coal Seam Gas (CSG) exploration or production activities. There is however a specific exemption that allows for the grant of an authority for a CSG pipeline to traverse a conservation park. Under the proposed tenure structure, all conservation parks will transfer directly into the new tenure of regional park. lt is intended that the proposed changes to the NCA and the associated transfer process will not change the current restrictions on the granting of a mining interest, geothermal tenure or GHG authority on conservation parks. As such, the Bill as currently drafted allows for the automatic transfer of all conservation parks into regional park tenure without a resource use area (RUA) over it. However, further provisions may be required to put beyond doubt that there is no opportunity for an RUA to be declared over a former conservation park in the future. The department proposes to work with the Office of Queensland Parliamentary Counsel (OQPC) to identify options in this regard. Grazing Under the current provisions of the NCA, the management principles of the conservation park tenure require that any commercial use of the area's natural resources, including fishing and grazing, is ecologically sustainable. As such stock grazing permits can currently be granted for a conservation park. As above, under the proposed tenure structure, all conservation parks will transfer directly into the new tenure of regional park. This transfer process is not intended to result in any change to the current types of activities and uses that can be authorised on a conservation park. As such, opportunities for the granting on stock grazing permits will continue to be available on those areas that were former conservation parks. The management principles of the regional park tenure will clarify that these areas allow for the controlled use of cultural and natural resources and that the area should be maintained, to the greatest possible extent, in its natural condition. Question #3 The Committee requested a table of the current status of management plans I statements for all protected areas. Department Response All national parks in Queensland are currently covered by a management instrument- either a management plan, management statement or regeneration plan. This includes national park, national park (recovery) and national park (scientific) areas. Separate to this are those national parks that are subject to joint management arrangements in the Cape York and North Stradbroke Island regions. The preparation of a management instrument for these areas is subject to joint development and approval processes with the Indigenous landholder, resulting in timeframes outside the government's control. As at 6 September 2013, 436 out of the 590 protected areas in Queensland had an approved management instrument in place- either a management plan or management statement; with two national parks (recovery) covered by a regeneration plan. A summary table of the protected areas currently covered by a management plan or management statement is enclosed as Attachment 1 for the Committee's reference. A commitment has been made to have a management instrument prepared for all protected areas by June 2015. Question #4 The Committee requested clarification on whether a management plan had been prepared for Springbrook or whether the restoration agreement is the only basis for management. Department Response Springbrook National Park and Springbrook Conservation Park are currently covered by a management statement prepared by the Queensland Parks and Wildlife Service (QPWS). In addition, the areas of Spring brook National Park (recovery) are covered by a regeneration plan prepared by QPWS. The management statement was prepared in 2011 to provide a statement of management intent for the area, as an alternative to a full management plan. However, proposed amendments under the NCOLA Bill will enable the Minister to prepare a management plan (rather than a management statement) for an area where a more detailed planning process is considered appropriate. As per the response provided at the public briefing, the Restoration Agreement entered into between the State of Queensland and the Australian Rainforest Conservation Society lnc is a separate instrument with a different intent to the management instrument for the Springbrook protected areas. This agreement deals specifically with the implementation of rehabilitation activities on identified properties within the Springbrook area. lt is not a management plan for Springbrook National Park or Springbrook Conservation Park. Question #5 The Committee noted that in the 2010 Auditor-General's report, the former department commented that under current legislative requirements it would take 30 years and $60 million to complete management plans for all protected areas. The Committee requested clarification on what had changed during the period from 2010 to 2012 to allow for the majority of areas to now be covered. Department Response Currently, under the NCA there is a statutory requirement for a management plan to be prepared for protected areas as soon as practicable after the dedication I declaration of an area. Given the significant time and resources required to prepare a management plan, management statements have been prepared as an alternative planning tool for many protected areas as a simpler expression of management intent. Management statements are not currently recognised under the NCA, however are considered an appropriate planning tool for many areas, without the same lengthy and resource intensive process. The adoption of management statements as an alternative planning tool has allowed for a significant number of protected areas to now be covered by an appropriate management instrument- either a management plan or management statement. Changes proposed under the NCOLA Bill will recognise management statements under the NCA. Management statements will become the minimum planning
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