15/06/2018 Law of the Land: Understanding Tasmania’s Environmental Laws EDO Tasmania Community Legal Centre, focussing on planning and environmental law issues o Legal advice o Litigation o Legal education o Law reform Non-profit, largely community funded Confidential service www.edotas.org.au 1
15/06/2018 Workshop goals 2 1 3 1. Know the law 2. Know how to comply 3. Know who to ask for help Workshop Outline 2. Water and waterways 1. Planning & Vegetation clearing Dam permits Clearing for pasture Works near Waterways Bushfire management 3. Weeds and pests Threatened species and Declared weeds vegetation Managing biosecurity risks Planning reforms Weeds in Kingborough Tools and resources Cat management Kingborough Interim 4. Other issues Planning Scheme Environmental impacts By-Laws Boundary fences Neighbourhood Disputes about Plants Waste management 2
15/06/2018 Vegetation clearing FOREST PRACTICES PLANS • • When do you need one ? • Clearing more than 100 tonnes / 1 hectare • Clearing and conversion of threatened native vegetation communities • Clearing on vulnerable land – streamside reserves, erosion prone land, landslip areas, threatened species habitat • When don’t you need one ? • Regrowth on previously cleared land • Maintaining infrastructure • Approved under other legislation – planning permit, dam works, mining • Must comply with Forest Practices Code Permanent Native Forest Estate Policy • EPBC Act exemption does not apply to agricultural clearing for • activities other than commercial forestry Vegetation clearing Restrictions on clearing threatened native vegetation • • Exceptional circumstances • Safety • Reducing bushfire risk • Biosecurity risks (e.g co-mingled gorse removal, creating a buffer to avoid spread of disease) • Protecting threatened species • Complying with a court order or statutory obligation (e.g. abatement notice from Council) • Overall environmental benefit • No significant impact on survival of community or environmental values in the vicinity of the community Ecological assessment • Offsets – what are they and how are they assessed? • 3
15/06/2018 Vegetation clearing Forest Practices Plans • When do you need one? • Clearing more than 100 tonne / 1 hectare • Clearing and conversion of threatened native vegetation communities • Clearing on vulnerable land – streamside reserves, erosion prone land, landslip areas, threatened species habitat • When don’t you need one? • Regrowth on previously cleared land • Maintaining infrastructure • Approved under other legislation – planning permit, dam works, mining • Must comply with Forest Practices Code Permanent Native Forest Estate Policy – 40ha limit • EPBC Act exemption does not apply to agricultural clearing • 4
15/06/2018 Vegetation clearing BUSHFIRE MANAGEMENT • Approved bushfire hazard management plan – contact Tasmania Fire Service and the Forest Practices Authority • Clearing around approved dwellings or infrastructure - Council will generally require TFS approval of bushfire plan • Abatement notice from Council • Burning-off restrictions - Permit season - Nuisance burning Planning & Development Planning reform Interim planning schemes Tasmanian Planning Scheme Development applications Exempt uses Zones and Codes NO PERMIT REQD 5
15/06/2018 r Go to www.thelist.tas.gov.au and click ‘LISTmap’. • Type the relevant address into the search bar and press enter. • Press the green plus sign to add the address to the map. 6
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15/06/2018 CHECK THE QUALIFICATIONS ! 8
15/06/2018 PLANNING & DEVELOPMENT: considerations for applicants Nikki den Exter, Kingborough Council 9
15/06/2018 CLEARING TREES: Neighbourhood Disputes, By-laws and other considerations Liz Quinn, Kingborough Council CASE STUDIES 1. A landholder has cleared land near a tree in which he knows a wedge-tailed eagle nest is located, although the nest is not recorded on the Natural Values Atlas. Can he clear around the tree to create a water view? • Can he remove the tree if it presents a bushfire risk? • What permits might be required? • 2. A landholder clears land (including threatened vegetation) without a permit, then applies for a planning permit to construct a dwelling, saying that the land was “already cleared”. • Can Council refuse her application? • Can she be required to remediate the habitat cleared? 10
15/06/2018 Dam works • Dam works that do NOT require a dam permit • Off-stream dams with less than 1ML capacity • Temporary levee banks for flood protection (up to 4 weeks) • Urgent safety work and repairs • Installing flow meters • Dam works that DO require a permit • Low risk dams - Division 4 permits • Higher risk dams – Division 3 permits • Planning permit requirements Dam works Division 4 permits • Do you meet the eligibility criteria? • • Check the title and any relevant registers • Need a consultant to assess your property / proposal • Consequence Category Assessment Notify DPIPWE of your proposal (inc fee) • Deemed permit within 14 days • Division 3 permits • Application addressing Dam Works Criteria (inc fee) • Referral to EPA (if needed) • Public comment period • Assessment by the Minister (DPIPWE) • Appeal to the Tribunal (limited grounds of appeal) • 11
15/06/2018 Working in waterways • Permits you may require include: • Planning permit – all works within 10-40m of a waterway or 100m of a wetland (unless exempt) • Forest practices plan for removal of riparian scrub or wetland vegetation • EPBC Act approval if listed species impacted • Crown lease / licence • Approval from Inland Fisheries Service if fishery impacted • Dam works permit CASE STUDIES 1. A landholder proposes to build a new off-stream dam to hold less than 1ML of water. The dam will be used primarily for watering stock. What (if any) permits will he require? • What records should he keep about the dam work? • 2. A landowner has an existing on-stream dam, which she has maintained for over 10 years. She wants to increase its capacity by re-profiling the dam wall. The work will require machinery to enter the watercourse. What (if any) permits will she require? • What plans might she need to submit? • 12
15/06/2018 Weed management • Weeds of concern – Declared weeds & “Weeds of National Significance” – Local weeds Management Strategies • – Kingborough Weed Management Strategy & Action Plan 2017 – 2027 • Weed management on public land / roadsides – No Spray Register • Biosecurity Bill Weed management Landholder responsibilities • taking all reasonable steps to prevent growth and spread of declared – weeds not propagating, selling, purchasing or otherwise distributing declared – weeds or anything carrying declared weeds (e.g soil or fodder) not importing any declared weed into Tasmania (confirm with your – suppliers); eradicating declared weeds on your property (where feasible) – complying with any notice served by a Weed Inspector – Liability of contractors and service providers • Nuisance offences • Council programs • 13
15/06/2018 MANAGING WEEDS IN KINGBOROUGH Rene Raichert, Kingborough Council CASE STUDIES 1. A landholder receives a notice from the Council Weed Inspector requiring management of ragwort on her property. She is concerned that ragwort on neighbouring properties (including Crown land) is not being managed. Can she refuse to undertake the work? • • How can she find out what management activities she should undertake? How can she make her neighbours control their weeds? • 2. A landholder has applied to build a large poultry shed near the boundary of his property. Historical records show high priority weeds have been recorded within 200m of his property. Is he required to manage for weeds? • What conditions could Council impose? • 14
15/06/2018 Pest management • Browsing animal control o Methods include fencing, shooting and trapping, and 1080 poison o Permits are required to “take” (shoot, poison or trap) partly protected fauna o DPIPWE has useful planning tools to help landholders control losses • Cat management o The owner of private land, or people working on their behalf, may trap, seize or humanely destroy a cat found: o on rural land used for primary production relating to livestock, or o on any land further than 1km from any residence Environmental nuisance • Managing your impacts o Noise, dust, odour and smoke o Vermin control • Best solution is to talk to your neighbours • Enforcement options o Abatement notice o Environment Protection Notices • Exemptions for nuisance o “Right to farm” protections & permits 15
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