Native Vegetation (Miscellaneous) Amendment Bill – Second Reading speech

Thursday 28 November 2024 

S.E. ANDREWS (Gibson) (12:55): I rise to indicate my support for the Native Vegetation (Miscellaneous) Amendment Bill 2024, a bill that supports achieving the Malinauskas Labor government's election commitment to increase the legislative protection, monitoring and compliance of the act, including ruling out any reduction in the level of legislative protection for native vegetation and biodiversity. 

Native vegetation comprises the native flora of our state, including beautiful trees such as our mighty river red gums—my personal favourite—hardy shrubs, our grass-like sedges, bush foods like finger limes and lemon myrtle, and grasses such as bottlebrush and weeping rice grass, and incorporates simpler life forms such as mosses, lichens and fungi, providing essential ecosystem services and a crucial component of our state's biodiversity. 

Minister Close mentioned that it also provides ecological benefits such as stabilising stream banks and improving water quality, as well as addressing climate change through absorbing carbon dioxide and acting as carbon sinks. These carbon sinks are of significant and growing financial value for farming communities. Native vegetation can also be used to control and reverse forms of land degradation, such as erosion and salinity, potentially saving the agricultural sector millions of dollars. 

The Native Vegetation Act 1991 and Native Vegetation Regulations 2017 are the legislative basis for the management and protection of native vegetation in the state, with the act applying to the majority of the state, excluding parts of metropolitan Adelaide. The act provides incentives and assistance to landowners in relation to the preservation and enhancement of native vegetation and controls the clearance of native vegetation in the state. 

The act was a significant reform when first introduced and has prevented mass vegetation clearance; however, like in so many other areas we have seen a need for reform and made a number of environmental election commitments and this bill supports our Labor government's efforts to achieve these commitments to improve our state. The act is being amended to clarify, streamline and improve assessment and compliance processes. 

The changes will allow for more appropriate mid-range compliance options to be utilised. Contemporary compliance tools will be introduced, along with emergency orders where urgent action is required. The bill will provide consistent and fit-for-purpose clearance requirements with the Native Vegetation Council and provide more options with regard to the conditions for offsetting, which can be attached to a consent to clear native vegetation. The proposed additional conditions include payment to a third-party provider or applicant, following the achievement of milestones relating to the attainment of that significant environmental benefit. The applicant can also pay an amount for the purpose of supporting the administration, monitoring and enforcement of measures, actions or requirements that relate to the requirement of achieving a significant environmental benefit. 

Additionally, the bill proposes to move some permitted activities from the regulations into the act. This includes applications for new buildings, dwellings, infrastructure and residential subdivisions. I seek leave to continue my remarks. 

Leave granted; debate adjourned. 

S.E. ANDREWS (Gibson) (16:07): Continuing with my remarks, this means a majority of applications to clear native vegetation will follow one application process, require consistent information to be provided and have the same application fees. This bill will provide for administrative efficiencies but not alter the likelihood of gaining approval. 

The Native Vegetation Council will continue to be responsible for considering applications to clear native vegetation, determining offsets and enforcing compliance with the act. Alignment of assessment provisions for Planning, Development and Infrastructure Act 2016 referrals is the next objective. This will be achieved through the bill streamlining the referral processes to allow the Native Vegetation Council to meet its statutory timeframe of 20 business days. 

The final objective of the bill is to increase fines and penalty provisions. A number of penalties and expiations will be increased to support greater compliance with the act, including a maximum penalty of $500,000 (increased from $100,000) for individuals who clear native vegetation not in accordance with the act, and the same penalty increase for those individuals who contravene or fail to comply with a condition attached to a consent granted under part 5. The expiation fee has been doubled. 

We need to have the right balance in South Australia to ensure that future generations can enjoy the native vegetation that we have, whether it be in our national or conservation parks, on the roadside, by our rivers and creeks and along our coast. We want everyone to be able to walk, hike, camp amongst nature, enhance their wellbeing and enjoy the natural beauty our state has to offer, while also protecting our biodiversity. Our state's native vegetation is integral to our First Nations peoples' relationship with country and is why this bill supports greater First Nations representation with the inclusion of a provision to enable the council to establish a committee that will provide opportunity for greater First Nations voices and representation. This is important as our First Nations people have been caring for our native vegetation for up to 100,000 years. I commend this bill to the house.