Land and Biodiversity
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Land and Biodiversity – a Call for Action An analysis of submissions to the State Government’s consultation paper ‘Land and Biodiversity at a Time of Climate Change’ About the Environment Defenders Office (Victoria) Ltd The Environment Defenders Office (Victoria) Ltd (‘EDO’) is a Community Legal Centre specialising in public interest environmental law. Our mission is to support, empower and advocate for individuals and groups in Victoria who want to use the law and legal system to protect the environment. We are dedicated to a community that values and protects a healthy environment and support this vision through the provision of information, advocacy and advice. In addition to Victorian-based activities, the EDO is a member of a national network of EDOs working to protect Australia’s environment through environmental law. For further information contact: Environment Defenders Office (Vic) Ltd Phone: 03 8341 3100 (Melbourne metropolitan area) 1300 EDOVIC (1300 33684) (Local call cost for callers outside Melbourne metropolitan area) Fax: 03 8341 3111 E-mail: [email protected] Website: www.edo.org.au/edovic Post: PO Box 113, A’Beckett Street PO, Melbourne VIC 8006 Address: The 60L Green Building, Level 3, 60 Leicester Street, Carlton SEEK LEGAL ADVICE REGARDING SPECIFIC CASES While all care has been taken in preparing this publication, it is not a substitute for legal advice in individual cases. For any specific questions, seek legal advice. Produced & published by Environment Defenders Office (Victoria) Ltd ABN 74 05 14 375 Publication date: January 008 Printed on 100% recycled paper by PrintTogether: www.printtogether.com.au © This publication cannot be reproduced without consent of the author Environment Defenders Office Land and Biodiversity – a Call for Action Contents Land and biodiversity — a call for action 4 Key policy questions and process 36 The process: Consultation Paper, Green Paper, Focus on biodiversity 36 White Paper 4 Climate change 36 Important dates in the process 5 Key policy questions and objectives 36 Reference groups 6 Trade-offs 37 Values of healthy land and biodiversity 38 Executive Summary 7 Other issues not covered in the consultation paper 38 Environment Defenders Office 8 Concluding remarks 39 EDO submission to consultation paper 8 Consensus over biodiversity crisis and climate This report 9 change 39 Methodology 9 Where to next? 39 Acknowledgements 9 APPENDIX - List of submissions by type 40 Submissions by category 10 Individuals 40 Analysis based on submission by category 11 Community conservation groups 41 Councils 4 Recurring themes 16 Catchment management authorities 4 Funding 16 Industry groups 4 Invasive species 17 Government bodies 4 Large-scale restoration 18 Academics and consultants 43 Research and a scientific basis for action 18 Environmental non-government organisations 43 Protection of remnant native vegetation 19 Other 43 Organisational arrangements 0 Reform of regulatory framework for biodiversity 21 Private land conservation Community engagement and involvement 23 Education 4 Need for accountability and action 4 Discussion of other noteworthy issues 26 Market-based instruments and incentive schemes 26 Marine, estuarine and coastal issues 8 Urban expansion and demographic change 28 Fire management 9 Public land management 30 Catchment management authorities and local government relationship 31 Traditional owners 31 Ecological processes 33 Developing a vision for biodiversity in Victoria 34 Environment Defenders Office 3 Land and Biodiversity – a Call for Action Land and biodiversity — a call for action This report examines the submissions received by the The process: Consultation Paper, Department of Sustainability and Environment (DSE) Green Paper, White Paper in June 007 in response to the consultation paper Land and Biodiversity at a Time of Climate Change. The Victorian Government made a commitment to develop a White Paper on biodiversity in its policy The consultation paper is the first step in the process Our Environment, Our Future — Sustainability Action of developing a White Paper. This White Paper Statement 2006. Action 7.1 states that the process is a significant and timely opportunity to government ‘will develop a White Paper for land and address land management, biodiversity and the biodiversity by 008 — similar to the White Paper for impacts of climate change in Victoria. The White water reform — to bring together all our current and Paper has the ability to result in implementation future programs to protect and restore our land and of policy change and new directions to ensure the biodiversity’. protection and enhancement of Victoria’s land, waters and biodiversity. With Victoria in the midst of A White Paper is a document prepared and issued a biodiversity crisis, major drought, and increasing by the government and lays out policy or proposed and serious impacts of climate change, it is crucial action on a particular topic or issue. Significantly, the that this process leads to effective and substantial White Paper process allows for public consultation change and action. and for submissions to be made by members of the public. White Papers generally contain policy The objectives of the report are to: directions or strategies, and may also indicate an • provide an accessible summary of the themes intention to reform current legislation. emerging from the submissions as a whole • provide an analysis of the types of issues being A Green Paper is in essence a draft White Paper raised by specific groups and sets out proposals for strategies, actions and • offer a discussion of other noteworthy issues that initiatives. It is released before the White Paper and emerge from the submissions is followed by a submission and public consultation • facilitate discussion and debate on the central period. issues, recommendations and solutions raised in the submissions. The consultation paper Land and Biodiversity at a Time of Climate Change is a call for submissions and is the first step in the White Paper process. The consultation paper sets out objectives for the White Paper, noting that it will: • set the direction for Victorian Government policy and investment priorities in natural resource management, land health and biodiversity for the next two decades Environment Defenders Office 4 Land and Biodiversity – a Call for Action • consider how environment and natural resource ................................................................................................................................... management activity at the regional, catchment, Our Water, Our Future – a model for local and farm scale, and on public land, is the Land and Biodiversity White Paper contributing to Victoria’s overall environmental ‘The Water White Paper that has inspired this White health and economic and social wellbeing Paper included a thorough review of the institutional • make sure government policy and investment is arrangements for conservation and management of responsive to new threats and opportunities. Victoria’s water resources and a detailed program for legislative reform to align the Water Act 1989 with The consultation paper states that the White Paper the new policy framework. process will develop a strategic framework around five key policy questions: ‘The development of the water White Paper was • What are the environmental, social and economic accompanied by an extensive and detailed review values provided by healthy ecosystems and of the suitability of institutional arrangements to biodiversity? deliver water resource management objectives. • What impacts will climate change have on these This review led to significant reforms in terms of values? legislative mechanisms (e.g. the Environmental • What are the other threats and opportunities? Water Reserve), organisational structures and • What are the roles and responsibilities of responsibilities (allocation of waterway management individuals, community, business and government and Environmental Water Reserve responsibilities to and how can we maximise the effectiveness of our CMAs) and statutory based planning processes (a joint effort? statutory framework for regional water planning and • How well are the current institutional long term water resource assessments). arrangements working and how could they be improved to deliver sustainable land, water and ‘The present White Paper should do the same for land biodiversity outcomes? and biodiversity.’1 ................................................................................................................................... Important dates in the process April 007 ............................... Call for submissions June 007 ....................... Formal submission period March 008 ................................ Green Paper draft ...................................... Formal submission period ................................................ Public consultation Nov/Dec 008 ..................................... White Paper 1. Environment Defenders Office submission. Environment Defenders Office 5 Land and Biodiversity – a Call for Action Reference groups The Stakeholder Reference Group consists of representatives from the following organisations: Two key reference groups have been set up ‘to ensure the integrity and independence of • Alpine Resorts Co-ordinating Council the scientific advice with a separate forum for • Australian Conservation Foundation stakeholder and industry debate and input on • Catchment Management Authority Chairs’ Forum key issues’.