The administrative framework of land and water management in Australia

Environmental and Planning Law Journal

Volumn 16, Issue 3, 1999, Pages 212-257

  Gardner, Alex ^a  

^a UNIVERSITY OF WESTERN AUSTRALIA   (Australia)

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EID: 9444266986     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (233)

1. Commonwealth of Australia, National Strategy for Ecologically Sustainable Development, December 1992.
2. Ecologically Sustainable Development Working Groups, Final Report - Agriculture, Commonwealth of Australia, 1991.
3. Australia: State of the Environment 1996, p 11.
4. Australia: State of the Environment 1996, p 15.
5. R Gomez-Fort, D MacPherson, J Cameron, Public Participation in Integrated Catchment Management: More Than Lip Service, (1997) 4 The Australasian Journal of Natural Resources Law and Policy 211+218-219.
6. K Sproats and A Kelly, The Role of Local Government in Natural Resource Management a discussion paper prepared for the Local Government and Shires Association of New South Wales. January 1998, p 35.
7. National Strategy for the Conservation of Australia's Biological Diversity, ss 1.5+2.1+2.2.
8. K Miller, Balancing the Scales: Guidelines for Increasing Biodiversity's Chances through Bioregional Management" in R Breckwoldt. Approaches to Bioregional Planning. Part 1, Biodiversity Series, Paper No 10, Commonwealth Department of the Environment, Sport and Territories, 1996, p 10.
9. "About 70 per cent of Australia's land area is under the control of private landholders and resource managers, including indigenous peoples; their cooperation is essential for the success of conservation activities. High priority must be placed on developing and implementing integrated approaches to conservation that both conserve biological diversity and meet other community objectives." National Strategy for the Conservation of Australia's Biological Diversity, s 1+5.
10. Commonwealth Department of Primary Industries and Energy, National Landcare Program, Greenhouse Gas Implications of Sustainable Land Management Practices, October 1997.
11. National Greenhouse Gas Response Strategy, s 2+6.
12. The National Greenhouse Gas Inventory.
13. National Strategy for the Conservation of Australia's Biological Diversity, s 1+2: "Bioregional Planning and Management".
14. National Water Quality Management Strategy. Policies and Principles. Agriculture and Resource Management Council of Australia and New Zealand and the Australian and New Zealand Environment and Conservation Council. April 1994, p 18 ff.
15. Published by the Agriculture and Resource Management Council of Australia and New Zealand and the Australian and New Zealand Environment and Conservation Council, June 1997 p 45 ff.
16. Commonwealth Department of Environment, Sports and Territories. 1996.
17. Western Australian Salinity Action Plan, November 1996, prepared by Agriculture Western Australia, the Department of Conservation and Land Management, the Department of Environmental Protection, and the Waters and Rivers Commission.
18. Council of Australian Governments Agreement to Implement the National Competition Policy and Related Reforms, 11 April, 1995.
19. Council of Australian Government's Agreement on Competition Principles, 11 April 1995.
20. Second Report of the Working Group on Water Resource Policy to the Council of Australian Governments, February 1995; and Agriculture and Resource Management Council of Australia and New Zealand and Australian and New Zealand Environment and Conservation Council, National Principles for the Provision of Water for Ecosystems, July 1996.
21. The Trust Reserve Fund and authority for its expenditure are established by the Natural Heritage Trust of Australia Act 1997 (Cth).
22. The Australian newspaper, Monday 16 February 1998, p 1, $1.25 bn environment fund: Coaltion rolls out the green barrel, and Friday 20 February 1998, p 2, "Auditor opens green fund bias inquiry". The Australian National Audit Office Preliminary Inquiries into the Natural Heritage Trust, Report No 42 of 1997-98, tabled 12 May 1998.
23. Managing Victoria's Catchments: Partnerships in Action, pp 6+12; it states that there are four dollars of catchment community investment for every dollar of government investment; also at p 23 statement that it is important to recognize that the majority of resources for implementation of the strategies comes from sources outside government".
24. Industry Commission, A Full Repairing Lease. Inquiry into Ecologically Sustainable Land Management, Draft Report, September 1997, p 67. The final report was presented to the Treasurer in January 1998, but it is not known when it will be released.
25. Council of Australian Governments, Competition Principles Agreement, 11 April 1995, cl 4.
26. This theme of democratic accountability for natural resources management decisions by public agencies has begun to circulate in the last couple of years: for example.
27. A Gardner. "Planning for Integrated Natural Resources Management in WA". (1996) UWAL Rev 427 at 455.
28. A Munro, "Local and Regional Governance: Back to Basics", (1997) 56(3) Australian Journal of Public Administration 77 at 81.
29. K Sproats and A Kelly, "The Role of Local Government in Natural Resource Management", discussion paper prepared for the Local Government and Shires Association of New South Wales, January 1998.
30. S Mahoney, Microeconomic Reform Meets Land Use Planning, (1997) 4 Australasian Journal of Natural Resources Law and Policy 189.
31. For example. Law Reform Committee of the Parliament of Victoria, Regulatory Efficiency Legislation, Discussion Paper, May 1997.
32. These diagrams reflect the law and policy to June 1998.
33. For WA. Environmental Protection Act 1986 (WA), Pts II and III; for NSW. Protection of the Environment Administration Act 1991 (NSW) and Protection of the Environment Operations Act 1997 (NSW), Ch 2; for SA, Environment Protection Act 1993 (SA), Pt 3, Div'n 1 and Pt 5; for Victoria, Environment Protection Act 1970 (Vic), Pts 2 and 3.
34. Environmental Protection Act 1994 (Qld), Ch 2.
35. The Commission is created under the Resource Planning and Development Commission Act 1997 (Tas), Pt 2 and the policies are made under the State Policies and Projects Act 1993 (Tas), Pt 2. National Environment Protection Measures are taken to be State Policies under this Act: see s 12a. Tasmania also has the Board of Environmental Management and Pollution Control established under the Environmental Management and Pollution Control Act 1994 (Tas), Pt 2, which exercises a range of pollution control powers, including Environmental Improvement Programs, but not Environmental Protection Policies.
36. State Policy on Water Quality Management 1997 (Tas) and Environmental Protection (Water) Policy 1997 (Qld).
37. South Australian Planning Strategy: Country Section: Environment.
38. Land Use Planning and Approvals Act 1993 (Tas), Sched 1.
39. Draft Model Planning Scheme Framework, October 1997.
40. Planning and Environment Act 1987 (Vic), s 4(1).
41. An example of the application of the planning provisions to natural resources management is the decision of the Administrative Appeals Tribunal of Victoria in Tomlinson & Liebscher v East Gippsland Shire Council & Others, application for review no 1997/89925. heard 10 March 1998, reviewing the decision of a local authority to grant a permit for a forestry plantation development. The provision for biodiversity conservation under the Victoria Planning Provisions is discussed by M Young, "At the Crossroads: Protective Mechanisms for Victoria's Biodiversity", in (1998) 15(3) EPLJ 190+197.
42. S White and B Johnson (eds), Planning and Environment Service, New South Wales, vol 1, LBC.
43. See especially the lists of State Environmental Planning Policies (such as SEPP 46 regarding the Protection and Management of Native Vegetation, now repealed) and Regional Environmental Plans (such as the North Coast Regional Environmental Plan, the REP for the Williams River Catchment and the Murray REP for Murray River Riparian Land).
44. The Role of Local Government in Natural Resource Management, discussion paper prepared for the Local Government and Shires Association of New South Wales by Kevin Sproats and Andrew Kelly, January 1998.
45. The Water and Rivers Commission performs the policy/ regulatory functions and the Water Corporation delivers on a commercial basis the services of water supply, sewerage and drainage.
46. The Department of Conservation and Land Management both determines policy and regulates public lands and manages the use and exploitation of those lands.
47. Agriculture WA is responsible for both policy and regulation of the use of the natural resources by agriculture as well as the service, industry protection and product marketing functions.
48. The Department of Land and Water Conservation is responsible for natural resources management policy and regulation whilst the Department of Agriculture performs industry protection and service functions.
49. The Department of Primary Industries and Resources performs both of these functions.
50. Environmental Protection Act 1986 (WA) s 7.
51. Protection of the Environment Administration Act 1991 (NSW), s 15.
52. Soil and Land Conservation Act 1945 (WA), s 9.
53. Soil Conservation and Land Care Act 1989 (SA), s 14.
54. Catchment and Land Protection Act 1994 (Vic), s 6.
55. Water Resources Council of SA, Water Resources Act 1997 (SA), s 50.
56. Western Australian Planning Commission Act 1985 (WA), s 5.
57. Resources Planning and Development Commission Act 1997 (Tas), s 5.
58. For example, the State Catchment Management Co-ordinating Committee of NSW is appointed by the responsible minister under the Catchment Management Act 1989 (NSW), s 9.
59. Board of the Water and Rivers Commission of WA, Water and Rivers Commission Act 1995 (WA), s 7.
60. Protection of the Environment Operations Act 1997 (NSW), ss 25+26.
61. Environmental Planning and Assessment Act 1979 (NSW), s 39.
62. Environment Protection Act 1993 (SA), ss 28+30.
63. A similar process is followed in making Sustainable Development Policies in Tasmania: State Policies and Projects Act 1993 (Tas), s 11.
64. A Gardner, "Water Allocation Planning", in Bartlett, Gardner and Mascher, Water Law in Western Australia: Comparative Studies and Options for Reform, Centre for Commercial and Resources Law, The University of Western Australia, November 1997, at pp 248-249.
65. Protection of the Environment Operations Act 1997 (NSW), ss 28+29.
66. Environment Protection Act 1993 (SA), s 27.
67. Environmental Protection Act 1986 (WA), s 35.
68. Environmental Protection Act 1986 (WA), ss 30+31.
69. Environmental Protection Act 1986 (WA), s 34.
70. Environmental Protection Act 1994 (Qld); ministerial approval is given by notice in the Government Gazette under s 219, and the offence of environmental harm is created by s 119.
71. Native Vegetation Conservation Act 1997 (NSW), Pt 4 and ss 21 and 67.
72. Threatened Species Conservation Act 1995 (NSW), Pts 2, 4 and 8.
73. Nature Conservation Act 1992(QId), s 72 and Pt 7.
74. Nature Conservation Act 1992(QId), s 72 and Pt 7. Ibid, s 120.
75. Wildlife Conservation Act 1950 (WA), ss 14(2)(ba) and 23F
76. Catchment and Land Protection Act 1994 (Vic), s 10.
77. Catchment and Land Protection Act 1994 (Vic), ss 11+12.
78. Water Resources Act 1997 (SA), ss 53+57.
79. The same systems for establishment and appointment of members are adopted in respect of Land Conservation District Committees in Western Australia under the Soil and Land Conservation Act 1945 (WA), s 22.
80. Native Vegetation Conservation Act 1997, s 51.
81. Catchment Management Committees in NSW are established and appointed by the responsible Minister: Catchment Management Act 1989 (NSW), ss 13+14.
82. See also, the provisions for advisory committees under the Water Resources Act 1989 (QId), Pt 3, Metropolitan Regional Town Planning Scheme Act 1959 (WA), ss 31-33.
83. See also Western Australian Planning Commission Act 1985 (WA), ss 18(l)(ba) and (la) - (lb) regarding the preparation of non-metropolitan regional planning schemes.
84. Development Act 1993 (SA), ss 23-27.
85. Environmental Planning and Assessment Act 1979 (NSW), s 51.
86. Water Resources Act 1997 (SA), ss 93+95+104+119
87. Native Vegetation Conservation Act 1997 (NSW), ss 33+36.
88. Water Resources Act 1989 (QId), Pt 3A. especially ss 25B, 251+25p.
89. Soil and Land Conservation Act 1945 (WA). ss 22+23.
90. Soil Conservation and Land Care Act 1989 (SA), ss 22+24.
91. Soil Conservation Act 1986 (Qld), Pt 4.
92. For example. Planning and Environment Act 1987 (Vic), s 16.
93. Town Planning and Development Act 1928 (WA), s 7(3); Integrated Planning Act 1997 (Qld), s 2.1.23. The Environmental Planning and Assessment Act 1979 (NSW) seems to contain no express declaration of the legal effect of planning instruments.
94. Integrated Planning Act 1997, Ch 2, Pts 1 and 3.
95. Land Use Planning and Approvals Act 1993 (Tas), Pt 3.
96. Town Planning and Development Act 1928 (WA), s 7(3) and Interpretation Act 1984 (WA), s 41. Environmental Planning and Assessment Act 1979 (NSW), Pt 3, Div 4.
97. Planning and Environment Act 1987 (Vic), ss 35+38.
98. The approval of planning schemes under the Integrated Planning Act 1997 (Qld) is an exception to this.
99. Department of Land and Water Conservation, NSW, Outcomes of the review of Total Catchment Management in New South Wales.
100. Western Australian Government, Salinity Action Plan, November 1996. Also, personal communication from Mr Don Crawford, Water and Rivers Commission of WA, and executive officer of State Salinity Council, 10 June 1998.
101. A Statewide Framework for the Implementation of Natural Heritage Trust Priorities and Activities Within Tasmania, prepared by the Natural Heritage Trust Unit of the Department of Premier and Cabinet, January 1998, p 5.
102. Soil and Land Conservation Act 1945 (WA), s. 45.
103. For a more detailed discussion of some of the issues concerning the constitution of these types of agencies, see A Gardner, "Developing Norms of Land Management in Australia", (1994) I The Australasian Journal of Natural Resources Law and Policy 127+157 ff.
104. Development Act 1993 (SA), Pt 2, Div 1.
105. Western Australian Planning Commission Act 1985 (WA).
106. Western Australian Planning Commission Act 1985 (WA), s 5.
107. Land Use Planning and Approvals Act 1993 (Tas), s 8 and Pt 3.
108. Resource Planning and Development Commission Act 1997 (Tas), s 5.
109. Environmental Planning and Assessment Act 1979 (NSW), ss 13+15.
110. Environmental Planning and Assessment Act 1979 (NSW), ss 18-22.
111. The Minister administering the Environmental Planning and Assessment Act 1979 (NSW) may appoint Commissions of Inquiry under s 119 to inquire into and report upon any matter relating to the administration and implementation of the provisions of the Act or any environmental planning instrument or relating to the administration and implementation of any other Act administered by the Minister.
112. Planning and Environment Act 1987 (Vic), s 11.
113. Planning and Environment Act 1987 (Vic), s 11, Pts 7 and 8.
114. For NSW, Protection of the Environment Administration Act 1991 (NSW); for SA, Environment Protection Act 1993 (SA) Pt 3, Div 1; for Victoria, Environment Protection Act 1970 (Vic) Pt 2; for WA. Environmental Protection Act 1986 (WA), Pts 11. The equivalent Tasmanian body is called the Board of Environmental Management and Pollution Control, and is established under the Environmental Management and Pollution Control Act 1994 (Tas), Pt 2.
115. The Tasmanian Board does so under Pt 3, Div 1 of the Environmental Management and Pollution Control Act 1994 (Tas). The Western Australian Environmental Protection Authority conducts environmental impact assessment under the Environmental Protection Act 1986 (WA), Pt 3.
116. Protection of the Environment Administration Act 1991 (NSW) ss 5, 15+19.
117. Environment Protection Act 1970 (Vic), ss 8+9.
118. For example. Environmental Protection Act 1986 (WA), s 25.
119. Protection of the Environment Administration Act 1991 (NSW), ss 29-31.
120. Water Resources Act 1997 (SA), s 50.
121. Water Resources Act 1997 (SA), s 51.
122. Waterways Conservation Act 1976 (WA), s 11.
123. Soil and Land Conservation Act 1945 (WA), s 9.
124. Soil and Land Conservation Act 1945 (WA), s 16.
125. Soil Conservation and land Care Act 1989 (SA), s 14.
126. Soil Conservation and land Care Act 1989 (SA), s 19.
127. Personal communications from persons engaged in legislative reviews.
128. Native Vegetation Act 1991 (SA), Pt 3, Div 1.
129. Native Vegetation Conservation Act 1997 (NSW), ss 54+55.
130. To be discussed immediately below.
131. Personal communication from officer of the Department of Primary Industries and Resources, South Australia, July 1998.
132. Water and Rivers Commission of WA. Progress Report on Integrated Catchment Management Partnership Project, April 1998.
133. The Landcare and Catchment Management Council and the Ministerial Resource Management Advisory Council which reviews issues relating to water, forests and land: personal communication from officer of the Department of Natural Resources, Queensland, July 1998.
134. Catchment Management Act 1989 (NSW), ss 10+11.
135. Catchment Management Act 1989 (NSW), ss 3+4.
136. R Gomez-Fort, D MacPherson, J Cameron, "Public Participation in Integrated Catchment Management: More Than Lip Service", (1997) 4 The Australasian Journal of Natural Resources Law and Policy 211+221-224.
137. Catchment and Land Protection Amendment Act 1998 (Vic), s 5, inserting a new Pt 2, Div 1 of the Act.
138. Catchment and Land Protection Act 1994 (Vic), s 7.
139. See s 1.1 of this article.
140. J Power and H Nelson (eds), The Regional Administrator in the Riverina, 1976, Canberra Series in Administrative Studies I. See also Commonwealth Department of Post Water Reconstruction, Regional Planning in Australia, Canberra, 1949.
141. Regional planning is also explicitly recognized in other provisions of the Integrated Planning Act 1997 (QId); ss 1.2.1, 1.3.3 (definition of ecological sustainability), 2.1.3.(1) recontent of planning schemes, 2.1.4.(1).
142. Lyndsay Neilson, "The Many Layers of Planning - Where Does Bioregional Planning Sit?" in R Breckwoldt, Approaches to Bioregional Planning, Pt 1, Biodiversity Series, Paper No 10, Commonwealth Department of the environment, sport and territories, 1996, p 33.
143. Integrated Planning Act 1997 (Qld), s 2.5.1.
144. Native Vegetation Conservation Act 1997 (NSW), ss 8+51+52.
145. Catchment and Land Protection Act 1994 (Vic), s 1(a).
146. Catchment and Land Protection Act 1994 (Vic), s 1(a), s 3.
147. Catchment and Land Protection Act 1994 (Vic), s 1(a), s 10.
148. Department of Natural Resources and Environment, Draft Interim Guidelines for the Operation of Catchment Management Authorities, 1997, s 4+2+5.
149. Draft Interim Guidelines for the Operation of Catchment Management Authorities, 1997, s 3.1.2. states that the membership will be no more than nine persons, satisfying the same criteria for appointment.
150. Catchment and Land Protection Act 1994 (Vic), ss 11-13.
151. Department of Natural Resources and Environment, Draft Interim Guidelines for the Operation of Catchment Management Authorities, 1997, s 4.
152. Department of Natural Resources and Environment, Draft Interim Guidelines for the Operation of Catchment Management Authorities, 1997, s 3.2.
153. Water Act 1989 (Vic), ss 108-110.
154. Department of Natural Resources & Environment, Interim Guidelines for the Operation of Catchment Management Authorities, 1997, s 3.2.2.
155. Department of Natural Resources & Environment, Interim Guidelines for the Operation of Catchment Management Authorities, 1997, s 6.
156. Catchment and Land Protection Act 1994 (Vic), ss 12+14.
157. Water Act 1989 (Vic), s 125.
158. The waterway management functions will be subject to the reporting requirements of the Financial Management Act 1994 (Vic), Pt 7. Department of Natural Resources and Environment, Draft Interim Guidelines on the Operation of Catchment Management Authorities, 1997, s 7.2.2. suggest that it would be appropriate for the Implementation Committees to report to the CMAs.
159. J Pittock, "How will the new Native Vegetation Laws work?". Impact, June 1998, No 50,4 at p 6.
160. A Kelly and J Pickering, "Regional Collaboration Between Local Authorities and Environmental Management", paper presented to 1998 Annual Conference of the National Environmental Law Association, Canberra, p 5.
161. Kelly and Pickering cite sources that identity more than 50 ROCs involving 405 councils (excluding Victoria). My comments in this paragraph draw heavily on the paper by Kelly and Pickering.
162. Graham Sansom, Integrated Planning for Australia's Regions The Role of Voluntary Regional Co-operation (Canberra, National Committee on Regional Cooperation, 1994), cited by Kelly and Pickering, ibid, at p 10.
163. Some existing statutory provisions for the creation of regional local governments could be a useful precedent tor this type of legislation: Local Government Act 1995 (WA), Pt 3, Div 4
164. For example, the bio-regions mapped for the management of biodiversity in Victoria do not, indeed could not, correlate with the boundaries even of the CMAs: Department of Natural Resources & Environment of Victoria, Victoria s Biodiversity: Directions in Management, 1997.
165. For example. Local Government Act 1993 (NSW), s 266273; Local Government Act 1995 (WA), Pt 4.
166. For example. Local Government Act 1993 (NSW), s 204; Local Government Act 1995 (WA), Pt 2, Div 1.
167. Kelly and Pickering, op cit n 134, p 13, point out that some of the local government boundaries in New South Wales follow the boundaries of nineteenth century police districts.
168. A Kelly and D Farrier, "Local Government and Biodiversity Conservation in New South Wales", in (1996) 13 EPLJ 374+376.
169. Local Government Act 1939 (SA), s 7B(f). Local government boundary reform in Tasmania is being undertaken with regard to aligning the boundaries of municipal areas with natural catchment areas: see A Statewide Framework for the Implementation of Natural Heritage Trust Priorities and Activities within Tasmania, Natural Heritage Trust Unit. Department of Premier and Cabinet, Tasmania. January 1998.
170. A Vince, "Amalgamations", in B Dollery and N Marshall (eds), Australian Local Government: Reform and Renewal, MacMillan Education, Australia, 1997. 151+160.
171. A Kelly, "Biodiversity Conservation on Municipal Open Space in New South Wales" in (1997) 4(1) The Australasian Journal of Natural Resources Law & Policy 25.
172. A Kelly and D Farrier, "Local Government and Biodiversity Conservation in New South Wales", in (1996) 13 EPLJ 374.
173. See pp 15-16.
174. Noxious Weeds Act 1993 (NSW), s 35.
175. For example, under the Native Vegetation Conservation Act 1997 (NSW), s 51.
176. See also The Role of Local Government in Natural Resource Management, discussion paper prepared for the Local Government and Shires Association of New South Wales by Kevin Sproats and Andrew Kelly, January 1998, at P 21.
177. Ian Wright has advocated the reform of intergovernmental relations and local government decision-making processes in order to facilitate local government implementation of sustainable development: "Implementation of Sustainable Development by Australian Local Governments", (1995) 12 EPLJ 54.
178. Local Government Amendment (Ecologically Sustainable Development) Act 1997 (NSW).
179. Local Government Act 1993 (NSW), s 8.
180. Local Government Act 1993 (NSW), s 403.
181. Local Government Act 1993 (NSW), s 428.
182. The Role of Local Government in Natural Resource Management, discussion paper prepared for the Local Government and Shires Association of New South Wales by Kevin Sproats and Andrew Kelly, January 1998, at pp 11-13. They refer to the guidelines prepared by the Environmental Protection Authority, Environmental Guidelines: State of the Environment Reporting by Local Government (1995).
183. Rural lands protection act 1989 (NSW).
184. In Western Australia, these issues are managed more on a regional than local basis: Agriculture and Related Resources Protection Act 1976 (WA).
185. Personal communication from officer of NSW Agriculture, August 1998.
186. Water Resources Act 1997 (SA), Pt 6, Div 3.
187. For example, in Queensland, the Department of Natural Resources endorses landcare groups that meet departmental criteria for assistance in the costs of establishment and insurance coverage for landcare activities: personal communication by John Tadman, Department of Natural Resources, Queensland, June 1998.
188. See Soil Conservation Act 1938 (NSW), ss 23a and 23C; Soil Conservation and Land Care Act 1989 (SA), Pt 3, Div 3; and Soil and Land Conservation Act 1945 (WA), Pt III A, Div 1.
189. A Gardner, "A Consensus System of Planning and Management for Land Conservation: A Grassroots Solution to a National Problem (1989) 6(3) EPLJ 249+259-260.
190. There is some discussion now about basing district boundaries on shire boundaries: personal communication from the Soil and Land Conservation Council of Western Australia, July 1998.
191. Personal communication by officer of the Department of Primary Industries and Resources, South Australia, June 1998.
192. Soil Conservation Act 1938 (NSW), s 23A prescribes no criteria for the appointment of committee members by the Minister.
193. Draft report of the Task Force for the Review of Natural Resources Management and Viability of Agriculture in Western Australia, May 1997, Minister for Primary Industry, Western Australia, p 54.
194. Catchment Management Act 1989 (NSW), s 15(1) (c) and (e).
195. Native Vegetation Conservation Act 1997 (NSW), ss 27(1)(d) and 28(2) (c).
196. Review of Catchment Management in New South Wales: Main Report for the Minister for Land and Water Conservation, December 1996.
197. Catchment and Land Protection Act 1994 (Vic), s 26. The role of CMAs is discussed above at 1.2.4 of this article.
198. Catchment and Land Protection Act 1994 (Vic), s 25.
199. Water Resources Act 1997 (SA), ss 94+96.
200. Planning and Environment Act 1987 (Vic), s 11.
201. Catchment and Land Protection Act 1994 (Vic), s 24.
202. For example, through national ministerial councils such as the Agricultural and Resource Management Council of Australia and New Zealand (ARMCANZ), the Australian and New Zealand Environment and conservation Council (ANZECC) and the Council of Australian Governments (COAG).
203. These national strategies seem to include those endorsed by the Council of Australian Governments and other relevant national ministerial councils, such as the National Strategy for Ecologically Sustainable Development, the National Strategy for the Conservation of Biodiversity and the National Greenhouse Response Strategy: see Natural Heritage Trust Partnership Agreement between the Commonwealth and Western Australia, July 1997, cl 3.l(h). It may also include national funding programs being implemented under the NHT: Bushcare: The National Vegetation Initiative; National Rivercare Program: National Landcare Program; Farm Forestry Program; Fisheries Action Program; National Wetlands Program; Endangered Species Program; National Reserve System Program; National Feral Animal Control Program; National Weeds Program. The objectives and delivery arrangements for each of these programs are set out in Attachment A to the Natural Heritage Trust Partnership Agreements between the Commonwealth and each of the States, made in 1997.
204. Natural Heritage Trust of Australia Act 1997 (Cth), s 8.
205. Natural Heritage Trust of Australia Act 1997 (Cth), s 15-17.
206. "Environmental protection" is defined to include conserving and restoring Australia's natural environment and biodiversity. "Sustainable agriculture" is defined to mean "the use of agricultural practices and systems that maintain or improve the following: (a) the economic viability of agricultural production; (b) the social viability and well-being of rural communities; (c) the ecologically sustainable use of Australia's biodiversity; (d) the natural resource base; (e) ecosystems that are influenced by agricultural activities". "Natural resources management" is defined to include any activity relating to the management of the use, development or conservation of soil, water or vegetation.
207. Ibid, s 21.
208. Partnership Agreement between the Commonwealth of Australia and Western Australia; Addressing jointly agreed natural heritage objectives and the provision of financial assistance under the Natural Heritage Trust of Australia Reserve and related programs, July 1997 (NHT Partnership Agreement), Background, para (e)(it). The terms of the Partnership Agreements between the Commonwealth and the other States are similar to the Commonwealth-Western Australia Agreement: personal communication from officer of the Department of Environment, Sport and Territories. June 1998.
209. Commonwealth Department of Primary Industries and Energy, National Landcare Program, Evaluation Report on the Decade of Landcare Plan, 1997.
210. Environment Australia and Department of Primary Industries and Energy, Commonwealth. Natural Heritage Trust, Guide to Regional Arrangements, 1997-98.
211. Australian National Audit Office, Commonwealth Natural Resources Management and Environment Programs, Audit Report No.36, 1996-97, table in the Commonwealth Parliament, 5 June 1997. para 3.70. .
212. Commonwealth - Western Australia Natural Heritage Trust Partnership Agreement, para 3.1(e).
213. There are numerous references in the Partnership Agreement to the need to develop regional strategies and assess funding applications on the basis of regional strategies. See Commonwealth - Western Australia NHT Partnership Agreement, Background para (i), para 5.2, para 6.3(b), para 6.4(a), para 9.2, and numerous places in the national programs set out in Attachment A.
214. Natural Heritage Trust of Australia Act 1997 (Cth), s 40.
215. Commonwealth - Western Australia NHT Partnership Agreement, para 10.
216. Natural Heritage Trust of Australia Act 1997 (Cth), s 19. The standard terms and conditions are set out in Attachment B of the NHT Partnership Agreement.
217. Commonwealth and Western Australia. NHT Partnership Agreement, July 1997, Attachment B. Standard Terms and Conditions for Financial Agreements, cl 3.
218. See, for example, A Statewide Framework for the Implementation of Natural Heritage Trust Priorities and Activities within Tasmania, Department of Premier and Cabinet, Tasmania, January 1998; Guidelines for State Assessment Panels and Regional Assessment Panels in Queensland, Queensland Department of Natural Resources, March 1998.
219. The description of these new arrangements is taken from "Guidelines for 1998 for Regional Natural Resource and Environment Management Structures in NSW", supplied by an officer of the Department of land and Water Conservation, NSW, June 1998
220. The Australian National Audit Office reported in June 1997 that the membership of assessment panels for the National Landcare Program created the potential for a systematic bias against biodiversity-oriented projects at the RAP and SAP levels because the information and expertise on the panels was skewed in favour of agricultural interests: Australian National Audit Office, Report No 36, 1996-97, para 352.
221. Victorian Supplementary Information, Natural Heritage Trust 1998/99, Department of Natural Resources and Environment, and personal communications from officer of Department, June 1998.
222. Australian National Audit Office, Commonwealth Natural Resources Management and Environment Programs, Audit Report No 36. 1996-97, tabled in the Commonwealth Parliament, 5 June 1997, paras 3.5 to 3.9.
223. Commonwealth and Western Australia NHT Partnership Agreement, para 8.3(a).
224. Ibid, Attachment A: Bushcare Program performance indicator: para 5.4(d); increasing proportion of NHT applications for community grants target priority regional management needs and are consistent with integrated regional/catchment plans. National Rivercare Program: national objectives, cl 2.2: promote integration of riverine action plans with land and vegetation management issues; see also sustainable production outcomes, cl 3.3 (a) and (b). Statement of national outcomes for National Landcare Program, cl 3: "NLP encourages integrated natural resources management at the farm, catchment and regional level. objectives include (a) integrated catchment management"; and see Integration and Institutional Outcomes; cl 3.1. See also similar comments in relation to Farm Forestry Program, Endangered Species Program and National Reserve System Program, and National Feral Animal Control Program, and National Weeds Program.
225. The Australian governments are working generally on developing environmental indicators for State of the Environment reporting: see the Australian and New Zealand Environment and Conservation Council discussion paper titled Core Environmental Indicators for State of the Environment Reporting, July 1998; and Environment Australia, Environmental Indicators For National State of the Environment Reporting.
226. Commonwealth and Western Australia NHT Partnership Agreement, paras 6.2(g) and (i), 6.3(i) and (k), and 11.
227. Ibid, Attachment B, Standard Terms and Conditions of Financial Agreements, cl 4.
228. Personal communication from an officer of the Department of Conservation and Land Management, Western Australia, August 1998.
229. Commonwealth - Western Australia NHT Partnership Agreement, para 6.4. lbid, para 9.
230. For example, the New South Wales NHT Guide to Regional Arrangements 1997-98 states that the procedures for making the strategies should ensure effective community consultation and community support for the implementation of the strategies, but fails to mention any formal mechanisms for community. State or Commonwealth endorsement.
231. Thackway and Cresswell, Environmental Régionalisations of Australia: A User-Oriented Approach, 1992, p 1.
232. N Gunningham and M Young, "Toward Optimal Environmental Policy: The Case of Biodiversity Conservation" in (1997) 24 Ecology Law Quarterly 243 at 284.
233. JA Lambert, JK Elix, A Chenowith and S Cole, "Bioregional Planning for Biodiversity Conservation", in Approaches to Bioregional Planning, Pt 2, Background papers. Department of Environment. Sports and Territories, 1995.