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A Framework to Protect Wild Rivers in Queensland – the Wild Rivers Bill 2005 (Qld)

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A Framework to Protect Wild Rivers in Queensland – the Wild Rivers Bill 2005 (Qld) Queensland Parliamentary Library A Framework to Protect Wild Rivers in Queensland – the Wild Rivers Bill 2005 (Qld) On 24 May 2005, the Wild Rivers Bill 2005 (Qld) (the Bill) was introduced into the Queensland Legislative Assembly by the then Minister for Natural Resources and Mines, the Hon Stephen Robertson MP. It seeks to protect the last of Queensland’s free flowing rivers which have most, or all, of their natural values intact. The Bill will provide a structure for the declaration of a river as a ‘wild river’. The Bill will not, of itself, designate certain rivers to be ‘wild rivers’. Rather, it will provide a process for making a wild river declaration which will involve extensive consultation with communities before the declaration is finalised. Existing legislation (13 Acts) will be amended to control development activities and resource allocations in declared wild river areas. These regulatory measures will also take into account community input. Certain activities, such as agriculture, animal husbandry, vegetation clearing, mining, and construction of dams and weirs, that have an immediate or substantial impact on the more sensitive ‘high preservation area’ will not be permitted. Activities and uses in other parts of the wild river area will be carefully managed. From the time the public notification of the intention to declare a wild river is given, a moratorium can be imposed to stop ‘panic’ development, clearing of vegetation, interfering with water, and other potentially damaging activities in the relevant area. Nicolee Dixon Research Brief No 2005/15 Queensland Parliamentary Library Research Publications and Resources Section Ms Karen Sampford, Director (07) 3406 7116 Mrs Nicolee Dixon, Senior Parliamentary Research Officer (07) 3406 7409 Ms Renee Giskes, Parliamentary Research Officer (07) 3406 7241 Research Publications are compiled for Members of the Queensland Parliament, for use in parliamentary debates and for related parliamentary purposes. Information in publications is current to the date of publication. Information on legislation, case law or legal policy issues does not constitute legal advice. Research Publications on Bills reflect the legislation as introduced and should not be considered complete guides to the legislation. To determine whether a Bill has been enacted, or whether amendments have been made to a Bill during consideration in detail, the Queensland Legislation Annotations, prepared by the Office of the Queensland Parliamentary Counsel, or the Bills Update, produced by the Table Office of the Queensland Parliament, should be consulted. Readers should also refer to the relevant Alert Digest of the Scrutiny of Legislation Committee of the Queensland Parliament. © Queensland Parliamentary Library, 2005 ISSN 1443-7902 ISBN 1 921056 14 2 August 2005 Copyright protects this publication. Except for purposes permitted by the Copyright Act 1968, reproduction by whatever means is prohibited, other than by Members of the Queensland Parliament in the course of their official duties, without the prior written permission of the Clerk of the Parliament on behalf of the Parliament of Queensland. Inquiries should be addressed to: Director, Research Publications & Resources Queensland Parliamentary Library Parliament House George Street, Brisbane QLD 4000 Ms Karen Sampford. (Tel: 07 3406 7116) Email: [email protected] Information about Research Publications can be found on the Internet at: http://www.parliament.qld.gov.au/Parlib/Publications/publications.htm CONTENTS EXECUTIVE SUMMARY ....................................................................................... 1 INTRODUCTION.............................................................................................1 2 WHAT IS A WILD RIVER?............................................................................1 3 NATURAL VALUES OF WILD RIVERS .....................................................2 4 THREATS TO WILD RIVERS.......................................................................3 5 COMMONWEALTH WILD RIVERS PROJECT .......................................4 6 BACKGROUND TO THE WILD RIVERS BILL 2005 (QLD) ...................8 7 WILD RIVERS BILL 2005 (QLD)................................................................11 7.1 PROCESS FOR MAKING WILD RIVER DECLARATIONS.................................... 13 7.1.1 Notice of Intent and the Declaration Proposal.....................................14 7.1.2 Consultation.........................................................................................14 7.1.3 Decision About Making the Declaration .............................................15 7.2 MORATORIUM ............................................................................................... 16 7.3 EFFECT OF A WILD RIVER DECLARATION ..................................................... 17 7.4 AMENDMENT AND REVOCATION OF A WILD RIVER DECLARATION............... 18 8 PROHIBITION AND REGULATION OF ACTIVITIES AND THE TAKING OF NATURAL RESOURCES IN WILD RIVER AREAS........ 19 8.1 EXEMPTION OF PARTICULAR PROJECTS AND SPECIFIED WORKS ................... 19 8.2 INTEGRATED PLANNING ACT 1997 ............................................................... 19 8.2.1 Agricultural and Animal Husbandry Activities...................................20 8.3 COASTAL PROTECTION AND MANAGEMENT ACT 1995 ................................. 21 8.4 ENVIRONMENTAL PROTECTION ACT 1994 AND THE MINERAL RESOURCES ACT 1989 (MINING AND PETROLEUM ACTIVITIES) ....................................... 22 8.4.1 Environmental Protection Act 1994 ....................................................22 8.4.2 Mineral Resources Act 1989 ...............................................................24 8.5 FISHERIES ACT 1994..................................................................................... 25 8.6 FORESTRY ACT 1959 .................................................................................... 25 8.7 NATURE CONSERVATION ACT 1992 ............................................................. 26 8.8 SIGNIFICANT PROJECTS – STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 ............................................................................ 26 8.9 TRANSPORT INFRASTRUCTURE ACT 1994..................................................... 26 8.10 VEGETATION MANAGEMENT ACT 1999........................................................ 27 8.11 WATER ACT 2000......................................................................................... 27 8.12 OTHER AMENDED ACTS................................................................................ 29 9 RESPONSES TO THE WILD RIVERS BILL .........................................30 10 INDIGENOUS ISSUES ...............................................................................32 11 OTHER JURISDICTIONS.........................................................................33 11.1 TASMANIA ...............................................................................................33 11.2 NEW SOUTH WALES ................................................................................34 11.3 VICTORIA.................................................................................................35 11.4 COMMONWEALTH ....................................................................................36 11.5 INTERNATIONAL.......................................................................................36 RECENT QPL RESEARCH PUBLICATIONS 2005........................................39 Wild Rivers Bill 2005 (Qld) EXECUTIVE SUMMARY On 24 May 2005, the Wild Rivers Bill 2005 (Qld) (the Bill) was introduced into the Queensland Legislative Assembly by the then Minister for Natural Resources and Mines, the Hon Stephen Robertson MP. It seeks to protect the last of Queensland’s free flowing rivers which have most, or all, of their natural values intact. The Bill provides a framework preserving wild rivers for the benefit of current and future generations and fulfils a Labor Government commitment made prior to the February 2004 State election to identify and protect Queensland’s ‘wild rivers’. The Bill will not, of itself, designate certain rivers to be ‘wild rivers’. Rather, it will provide a process for declaring a river to be a wild river which will involve extensive consultation with communities before the declaration is finalised. Existing legislation will be amended to control development activities (e.g. mining, agriculture, animal husbandry, vegetation clearing, riverine disturbance, and construction of dams and weirs, in wild river areas) (p 1). A ‘wild river’ is essentially a river that has all, or most, of its natural values intact. It has also been described as one that is free flowing – without dams and weirs – allowing for considerable biological diversity. It will have a number of conservation values and is important in the maintenance of a number of basic ecological functions. The majority of Queensland’s wild rivers are found in the Gulf of Carpentaria, Cape York Peninsula and the western Channel Country (pp 1- 2). A wild river’s natural values are the basis for sustaining healthy ecological processes in a river system. Those natural values are explained in detail on pp 2-3. The threats to wild rivers’ natural values, such as building dams and weirs, and vegetation clearing, are described on pp 3-4. In 1993, the Commonwealth Government’s Australian Heritage Commission began the Wild Rivers Project. This Project was subsequently overseen by the Wild Rivers Committee
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