Nature Conservation (Special Wildlife Reserves) and Other Legislation Amendment Bill 2018
Plain English Summary
Overview
This bill creates a new type of protected area called a 'special wildlife reserve' for privately owned or managed land with outstanding conservation value. It gives private land the same level of legal protection as a national park, banning mining, forestry, and fossicking while keeping the land in private ownership. The bill also ensures conservation agreements survive changes in land tenure and extends environmental regulation to cover activities straddling state and Commonwealth waters in the Great Barrier Reef Marine Park.
Who it affects
Private landholders with high-conservation-value land can voluntarily protect it permanently, while mining and resource companies are barred from operating on declared reserves. Conservation organisations gain a powerful new tool for permanent land protection.
Key changes
- Creates 'special wildlife reserves' as a new class of privately managed protected area with national park-level protections
- Bans mining, geothermal activities, greenhouse gas storage, forestry, fossicking, and vegetation clearing on special wildlife reserves
- Requires a binding, perpetual conservation agreement and management program for each reserve, reviewed every five years
- Revocation of a special wildlife reserve requires a resolution of the Legislative Assembly, the same standard as for national parks
- Conservation agreements now automatically survive lease renewals, tenure conversions, and other land dealings without needing to be renegotiated
- Extends Queensland environmental regulation to activities conducted partly in Commonwealth waters within the Great Barrier Reef Marine Park
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Feb 2018View Hansard
Referred to Innovation, Tourism Development and Environment Committee
The Innovation, Tourism Development and Environment Committee examined the bill and recommended it be passed. The committee made three recommendations: passage of the bill, that the Minister work with Traditional Owners to address native title concerns, and that amendments be considered to improve public accountability for management programs of special wildlife reserves. The government accepted all three recommendations and proposed amendments during consideration in detail, including requiring an Indigenous Land Use Agreement before declaring a special wildlife reserve on leasehold land in the Cape York Peninsula Region.
Key findings (5)
- The majority of submissions supported establishing the new class of privately managed protected area (special wildlife reserve) with national park-level statutory protection.
- Traditional Owners raised concerns about the potential impact on native title, particularly regarding the Cape York Peninsula Tenure Resolution Program.
- State and third-party interests including mining, energy, forestry, agriculture, water resources, and native title would be assessed before any special wildlife reserve could be declared.
- The bill also amended the Environmental Protection Act to enable regulation of trans-shipping activities in the Great Barrier Reef Marine Park, covering activities partly in Commonwealth waters.
- Stakeholders sought improved public accountability regarding management programs for special wildlife reserves.
Recommendations (3)
- The committee recommends that the Nature Conservation (Special Wildlife Reserves) and Other Legislation Amendment Bill 2018 be passed.
- The committee recommends that the Minister work with Traditional Owners to ensure their concerns in relation to native title are addressed.
- The committee recommends that the Minister look at reasonable amendments that would improve public accountability with respect to management programs for special wildlife reserves.
Committee report tabled
▸Second Reading27 Mar 2019View Hansard
That the bill be now read a second time
Vote on whether to advance the Nature Conservation (Special Wildlife Reserves) bill past the second reading stage. ALP, Greens and Independent Bolton voted in favour; LNP, KAP and PHON voted against.
The motion passed.
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Ayes (48)
Noes (41)
Vote on a motion
Division on a motion prior to the second reading vote. Defeated 42-47, with the opposition motion failing against the government majority.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (42)
Noes (47)
▸19 members spoke6 support13 oppose
As the minister introducing the bill, defended the creation of special wildlife reserves as a voluntary mechanism to protect private land with outstanding conservation values, and moved government amendments to address Indigenous land use agreements in the Cape York Peninsula region.
“The bill will establish management principles for special wildlife reserves that will provide a framework to guide management of special wildlife reserves by the landholder.”— 2019-03-27View Hansard
Led opposition to the bill, arguing it threatens property rights, removes land from agricultural production, and gives the minister unfettered power through vague 'state interest' criteria. Highlighted concerns from the Queensland Law Society and farming groups.
“The Queensland Law Society has stated outright that it is not good law.”— 2019-03-27View Hansard
Supported the bill as an important step in protecting Queensland's biodiversity on private land, while noting it should complement rather than replace government-led conservation efforts.
“While conservation of private land is highly desirable and contributes to the total area of protected land in Queensland, it should not be the primary means of land conservation in this state.”— 2019-03-27View Hansard
Supported the bill while noting the need for appropriate buffers between conservation reserves and neighbouring properties, and called for adequate resources for management of special wildlife reserves.
“I ask that when parcels of land are being considered for conservation status, buffers are incorporated as part of effective management plans as well as concerns from submitters regarding appropriate management of these conservation parcels.”— 2019-03-27View Hansard
Supported the bill, emphasising protections for native title rights and noting amendments to address the Cape York Land Council's concerns about Indigenous land use agreements.
“The declaration or subsequent management of a special wildlife reserve cannot impact on native title rights and interests unless consent is provided.”— 2019-03-27View Hansard
Opposed the bill as an attack on freehold property rights and agricultural land, citing concerns about pest and weed management on neighbouring properties and the government's requirement for consent to transfer property titles.
“This bill impinges on freehold property rights and raises serious property management issues. It confirms that this is an extreme left-wing Labor government which is vying for the title of Australia's most socialist state.”— 2019-03-27View Hansard
Supported the bill as building on Queensland's ability to protect its globally significant biodiversity, noting the mechanism will encourage private investment in conservation.
“This mechanism will encourage private investment in Queensland's protected area estate—it builds upon our unique assets and environment that deliver for our Queensland economy.”— 2019-03-27View Hansard
Opposed the bill due to concerns about the vague 'state interest' criteria, the perpetual nature of conservation agreements binding future owners, and the potential for the legislation to be used by corporations for carbon credits to block future resource or infrastructure development.
“There is also the potential for this legislation to be used by large corporations that will buy land for their social licence and also for their carbon credits.”— 2019-03-27View Hansard
Supported the bill's creation of a new type of private protected area to provide national park level protections for land with significant ecological or cultural value.
“The introduction of this legislation will create a new class of voluntary, privately managed protected area that will provide a similar level of statutory protection to that afforded to state managed national parks.”— 2019-03-27View Hansard
As Opposition Leader, opposed the bill as an attack on property rights driven by Green preferences, arguing the vague criteria give the minister unfettered power and the bill will harm agricultural families.
“At the very least, meeting the criteria should require both 'economical, environmental or community interests' and 'state interests' to be satisfied.”— 2019-03-27View Hansard
Opposed the bill as ideologically driven, citing the government's poor track record on environmental program implementation including the container deposit scheme and waste levy.
“This government is incapable of creating and implementing effective environmental initiatives.”— 2019-03-27View Hansard
Opposed the bill due to concerns about increased bureaucracy, the risk of default by special wildlife reserve owners reverting management back to the state, and inadequate consultation with Indigenous groups.
“The more I look at this bill the less I see a building of our protected estates and the more I see a building of a further bureaucratic empire in Queensland.”— 2019-03-27View Hansard
Opposed the bill, arguing it denies economic opportunities for northern Queenslanders and First Australians, and that leaseholders provide valuable pest and weed management at no cost to taxpayers.
“Rob, money's no longer an incentive. The only carrot I can think of for these kids is cattle work.”— 2019-03-27View Hansard
Opposed the bill as having the balance wrong, focused on environmental outcomes at the expense of landholders. Cited the Queensland Law Society's finding that it is 'not good law' and criticised the ambiguous definition of 'materially affected' parties.
“When the Queensland Law Society says it is not good law, it is not good law.”— 2019-03-27View Hansard
Opposed the bill as an attack on private property rights, arguing the broad criteria and lack of defined parameters give the minister excessive discretion, and that adjoining property values will be negatively impacted by pest and weed issues.
“This government is incapable of keeping its hands off private property and with those three broad categories—economic, environmental or community interest—we can rest assured that any private property in Queensland will be in the gun under this act.”— 2019-03-27View Hansard
Opposed the bill, arguing it targets mining interests and agriculture, with broad categories allowing any private property to be declared a special wildlife reserve at the minister's discretion.
“It is clear from our battles on vegetation management and our battle today on this bill that this is a government that has no regard for agriculture, no regard for mining and no understanding of what has made our state great.”— 2019-03-27View Hansard
Opposed the bill as a 'green land grab' to build up locked-up land statistics without addressing management obligations for pests, weeds and fire hazards on the reserves.
“The Law Society has quite clearly enunciated that it is a bad law and yet we are pushing forward.”— 2019-03-27View Hansard
Opposed the bill as an attack on Queensland graziers driven by Greens preferences, citing concerns from the Queensland Farmers' Federation about impacts on adjacent agricultural producers.
“Like the native vegetation legislation that was passed to purely prop up the Treasurer's seat against the militant Greens, this bill is a ruthless and unjustified attack on Queensland graziers.”— 2019-03-27View Hansard
Opposed the bill, highlighting the Queensland Law Society's finding that it is 'not good law', concerns about perpetual conservation agreements binding future owners, and the potential loss of valuable farming land.
“The LNP has serious concerns about the property rights of future landholders and the ability to review or renegotiate an SWR.”— 2019-03-27View Hansard
▸In Detail27 Mar 2019View Hansard
Eight government amendments including: requiring an Indigenous land use agreement before a special wildlife reserve can be established in the Cape York Peninsula region where native title has not been extinguished; requiring conservation agreements to contain details of the management program and terms prohibiting certain activities; amendments to the Environmental Protection Act regarding environmentally relevant activities in the Great Barrier Reef Marine Park; and declaratory and validating provisions relating to bauxite royalty calculations under the Mineral Resources Regulation.
▸Third Reading27 Mar 2019View Hansard
That the bill, as amended, be now read a third time
Final passage vote on the Nature Conservation bill as amended. ALP, Greens and Independent Bolton voted in favour; LNP, KAP and PHON voted against.
The motion passed.