Vegetation Management (Reinstatement) and Other Legislation Amendment Bill 2016

As committee chair, supported the bill saying it reinstates protections for high-value regrowth, extends riparian protections to more Great Barrier Reef catchments, and will reduce clearing rates and carbon emissions.

“Once again, I commend this bill to the House.”— 2016-08-18View Hansard

Deputy Premier introducing the bill argued it restores balanced vegetation management laws needed to slow land clearing, protect the Great Barrier Reef, and address climate change.

“Tonight, a vote for the Vegetation Management (Reinstatement) and Other Legislation Amendment Bill is a vote to restore effective, sensible laws that stop the devastation of broadscale tree clearing while allowing farmers to grow their agricultural production. This is a vote to protect our precious native habitat and, in turn, conserve our wildlife and Queensland’s unique biodiversity.”— 2016-08-17View Hansard

As Deputy Premier, introduced the bill to reinstate tree-clearing laws weakened by the LNP government, including re-regulating high-value regrowth on freehold and Indigenous land, removing high-value agriculture clearing provisions, extending riparian protections to three additional Great Barrier Reef catchments, and reinstating reverse onus of proof for unlawful clearing.

“Today we begin the process of bringing back Queensland's nation-leading tree-clearing laws.”— 2016-03-17View Hansard

As Deputy Leader of the Opposition, strongly opposed the bill arguing it will criminalise farmers through reverse onus of proof and removal of mistake of fact defence, and will stifle agricultural investment while adding costs to housing.

“The LNP supports balanced and sensible vegetation management laws for Queensland that provide strong and appropriate environmental protections while respecting the commitment of our farming families to their land and the need for investment and development in this state. On their behalf, I wholeheartedly do not support this bill.”— 2016-08-18View Hansard

Shadow minister strongly opposed the bill, arguing it was the product of a Labor-Greens preference deal, strips property rights from farmers, and lacked proper consultation with stakeholders.

“Labor’s proposed changes strip away property rights, they reduce property values and they compromise the future opportunities of hardworking farming families across regional and rural Queensland. Labor and the Greens have dishonestly painted Queensland’s farmers and landowners as environmental vandals and misrepresented statistics about vegetation management activities in Queensland.”— 2016-08-17View Hansard

As LNP shadow minister for natural resources, opposed the bill and the short committee reporting time frame, arguing the bill goes further than reinstating pre-2013 laws and is a serious attack on property rights and the agricultural sector with inadequate consultation.

“This bill does not contain only a reversal of the amendments to the vegetation management framework that was put in place by the LNP in 2013. This bill goes further. This bill is more punitive, more restrictive and impinges on more property rights of more landowners in Queensland than the vegetation management framework prior to the amendments put in place by the LNP in 2013.”— 2016-03-17View Hansard

As shadow minister for agriculture, opposed the bill saying it is a desperate attempt to strike a deal with the Greens that will deliver a devastating blow to farmers and shut down agricultural development in Queensland.

“If these laws are passed today, it will see an end to agricultural development in this state and it will deliver a devastating, if not fatal, blow to our farmers.”— 2016-08-18View Hansard

As Environment Minister, defended the bill as vital environmental protection legislation, arguing the LNP's weakening of clearing laws led to nearly 300,000 hectares per year being cleared, generating 36 million tonnes of carbon pollution, and that swift action was needed to prevent panic clearing.

“Queensland is now responsible for 90 per cent of Australia's carbon pollution from deforestation.”— 2016-03-17View Hansard

Supported the bill saying clearing rates escalated over 300 per cent under the LNP and the bill restores a responsible framework protecting the Great Barrier Reef, biodiversity and carbon emissions.

“I commend the bill to the House.”— 2016-08-18View Hansard

As Leader of the Opposition, condemned the bill as a vengeful attack on regional Queensland, citing impacts on property rights, sovereign risk, mental health of landholders, Indigenous communities, and the removal of natural justice through reverse onus of proof and retrospective provisions.

“This is a capricious action of a vengeful government that is determined to go out there and attack a section of the community that does not traditionally support them but a section of the community that provides significantly for the benefit of this state.”— 2016-03-17View Hansard

As committee deputy chair, opposed the bill saying it demonises landholders, reverses the onus of proof, removes mistake of fact defence, is retrospective and is driven by Green preference deals rather than environmental logic.

“This bill demonises farmers and landholders, is anti agriculture, anti resources and anti economic development. It does not consider that Indigenous or non-Indigenous landholders are better placed to say what is best for their land. It removes and undermines basic legal rights.”— 2016-08-18View Hansard

Argued the bill was evidence-based, pro-economy and pro-environment, noting 70,000 reef jobs were at risk from sediment run-off caused by unchecked clearing, and that agricultural production had continued to grow under previous Labor tree-clearing laws.

“We have no economy without the protection of our environment.”— 2016-03-17View Hansard

Opposed the bill saying it strips freehold and Indigenous landowners of their rights to manage vegetation, reverses the onus of proof making farmers guilty until proven innocent, and will make land developments unaffordable.

“Farming is a pillar of the Queensland economy and I will continue to fight against the Labor Party's unfair roll-back of the vegetation management laws.”— 2016-08-18View Hansard

Called the bill bad legislation that attacks primary producers who feed Queensland, and opposed the fast-tracked committee reporting time frame, arguing landowners deserve certainty and are tired of vegetation management being used as a political football.

“This is a bad day and a bad bill.”— 2016-03-17View Hansard

Supported the bill saying it will protect the Great Barrier Reef, reduce carbon emissions, protect biodiversity and give certainty to the community, citing evidence from environmental scientists on the link between clearing and reef damage.

“This bill gives balance to our sustainable ecosystems and agriculture. I commend the bill to the House.”— 2016-08-18View Hansard

Spoke with deep personal conviction against the bill, arguing it goes further than any previous Labor vegetation management legislation, particularly through extension of category R restrictions to the Fitzroy and Burnett catchments affecting thousands of landholders for the first time, and was driven by Green preference deals.

“Every single landholder in my electorate will be restricted and will suffer a loss of property rights that they have never suffered before, because this legislation goes further than anything that previous Labor governments have introduced into this House.”— 2016-03-17View Hansard

Opposed the bill saying it is not a reinstatement but a retrospective extension of regulations that will impact freehold landholders and is based on flawed mapping that classifies pasture and orchards as high-value regrowth.

“Let's take the hysteria out of this debate. Let's take the mistruths, the half-truths and the false reporting out of this debate. Let's debate this legislation on its merits. Let's debate it on fact. When I do that, I cannot support it.”— 2016-08-18View Hansard

Opposed the bill on fairness grounds, arguing rural landholders across his 570,000 square kilometre electorate would not have adequate time or opportunity to understand and respond to legislation that could have long-term impacts on their livelihoods.

“Putting this legislation through in a short time does not pass the fairness test.”— 2016-03-17View Hansard

As shadow Attorney-General, opposed the bill particularly because of the reverse onus of proof, removal of mistake of fact defence, retrospectivity, and the significant impact on urban property development and housing affordability.

“There are significantly offensive provisions in this legislation that go to fundamental parts of our legal system, and the House should not allow those provisions to go forward.”— 2016-08-18View Hansard

As Minister for Natural Resources and Mines, defended the consultation process, saying extensive engagement with AgForce and the rural sector had occurred through himself and Professor Allan Dale, and that landholders needed certainty which this legislation would provide.

“The people of Queensland do need some certainty on this issue. They need certainty regarding vegetation management.”— 2016-03-17View Hansard

As Environment Minister, strongly supported the bill saying it will reverse the environmental damage of the Newman-Nicholls government, protect the Great Barrier Reef from sediment run-off, and respond to UNESCO's concerns about reef World Heritage status.

“These tree-clearing laws are an essential component of the Queensland and Australian governments' bipartisan Reef 2050 Long-Term Sustainability Plan.”— 2016-08-18View Hansard

Opposed the bill as devastating for her rural constituents, noting the bill's own explanatory notes admitted 'limited consultation' and that not one farmer or landholder had been consulted, only peak bodies like AgForce.

“The Deputy Premier's own green states, 'Limited consultation was undertaken in the development' of this bill.”— 2016-03-17View Hansard

Opposed the bill saying Indigenous people managed country with fire for millennia, remnant vegetation is a renewable resource, and custodians of the land should be allowed to do their job properly.

“Those opposite are trying to impoverish the Indigenous in Cape York for the rest of their lives and keep them downtrodden. It is just a real shame.”— 2016-08-18View Hansard

As former environment minister, argued the bill went beyond reinstating pre-2013 laws by extending to the Burnett-Mary catchment affecting South-East Queensland communities, and that the explanatory notes admitted no consultation on environmental offsets changes.

“No consultation was undertaken in relation to the changes to the Environmental Offsets Act.”— 2016-03-17View Hansard

As the Minister for Innovation, Science and the Digital Economy, supported the bill citing SLATS data showing 296,000 hectares cleared annually, one-third in Great Barrier Reef catchments, with her department's scientists supporting improved mapping accuracy.

“We are once again trying to take action on this issue on behalf of all Queenslanders, not just for today but of course for generations ahead because that is what Labor governments do.”— 2016-08-18View Hansard

As Health Minister, accused the LNP of hypocrisy for demanding longer consultation when they had routinely given committees only two weeks in the 54th Parliament, and argued the committee had adequate time to deal with legislation delivering on a clear election commitment.

“It is an historic day—the first time in the history of responsible government in this state that a group of members of the Legislative Assembly have voted by division to oppose the first reading of a bill.”— 2016-03-17View Hansard

Opposed the bill arguing it demonises farmers, will destroy jobs and rural families, impinges on property rights, and is driven by an ideological agenda to secure Green preferences.

“This bill should not be supported as it has the potential to detrimentally affect food security, house and land prices in Queensland, as well as urban development.”— 2016-08-18View Hansard

Supported the bill as delivering on a key election commitment to protect the Great Barrier Reef, tackle climate change, stop destruction of old growth forests and improve reef water quality.

“This bill is vital to protect Queensland's greatest natural asset, the Great Barrier Reef, to tackle climate change, to stop the destruction of our precious old growth forests, to prevent soil erosion and to improve reef water quality.”— 2016-08-18View Hansard

Opposed the bill saying it will stop real projects in his electorate, there has been no consultation, and the government is demonising farmers to please extreme green supporters.

“The LNP is committed to protecting landholders' rights, protecting your rights, protecting your right to farm, and all members should support this policy objective as Labor distorts the truth on vegetation management.”— 2016-08-18View Hansard

As Tourism Minister, supported the bill saying the Great Barrier Reef is the lifeblood for thousands of tourism jobs and Queensland cannot afford to squib its responsibility to protect it.

“We will always fight to protect the Great Barrier Reef and the 69,000 jobs and $6 billion industry that relies on the reef.”— 2016-08-18View Hansard

Opposed the bill saying it is political payback for doing deals with the greens, demonises farmers and graziers already facing drought, and is unwarranted scaremongering.

“I have had enough of the demonisation of farmers and graziers. It has to stop. Our farmers have already been facing the impacts of one of the worst droughts on record, and the last thing they need is further setbacks brought about by a Palaszczuk Labor government that is basically going down that path of political payback.”— 2016-08-18View Hansard

Opposed the bill as a deliberate attempt to secure Greens preferences, arguing the reverse onus of proof, removal of mistake of fact defence, and retrospectivity will destroy confidence in regional communities.

“No member of this parliament who votes to support this bill can ever say again that they support the agricultural sector or the rural communities that rely on the industry. I oppose this bill and encourage all members to vote this dictatorial legislation down.”— 2016-08-18View Hansard

As Minister for State Development and Natural Resources and Mines, supported the bill saying the current high native vegetation clearing rate of 296,000 hectares per year cannot be ignored given its impact on the Great Barrier Reef and carbon emissions.

“Leadership is necessary to safeguard a prosperous and sustainable future for Queensland, and that is what the Palaszczuk government is doing.”— 2016-08-18View Hansard

Opposed the bill saying it abandons the presumption of innocence by forcing landholders to prove their innocence, relies on admittedly inaccurate mapping, and was lobbied for by green groups.

“Under this vegetation management bill the courts will have to presume the defendant before them is guilty. Most people will have heard of the presumption of innocence. With this bill Labor introduces a whole new concept: the presumption of guilt.”— 2016-08-18View Hansard

KAP member opposed the bill, arguing broadscale clearing is over, the reverse onus of proof and retrospective provisions are unjust, and the bill will particularly harm Indigenous landowners in Cape York whose only chance for economic development is high-value agriculture.

“I want to express my utmost disgust at the deplorable bill to change the vegetation management laws.”— 2016-08-18View Hansard

Opposed the bill describing it as Fourth World legislation that will entrench intergenerational poverty for Indigenous landowners of Cape York, and criticising the reverse onus provisions, retrospectivity and removal of mistake of fact defence.

“This is Fourth World legislation, entrenching intergenerational poverty for Indigenous landowners of Cape York and other areas by denying them the opportunity to access mainstream economic development.”— 2016-08-18View Hansard

As Housing Minister, supported the bill saying the LNP's repealing of tree-clearing laws was environmental vandalism, and the bill will protect the reef, maintain forests and grow the hundreds of thousands of jobs that depend on Queensland's natural environment.

“The LNP's repealing of Queensland tree-clearing laws was an act of environmental vandalism.”— 2016-08-18View Hansard

Opposed the bill on legal grounds, arguing it abandons fundamental principles that people are presumed innocent until proven guilty and stand equally before the law, treating farmers and landowners worse than criminals.

“This bill is a travesty of justice. With regard to those two points, it is an attack on the rights that we have held dear for so many years. For that reason alone—and many others—it should be struck down and defeated on the floor of this chamber.”— 2016-08-18View Hansard

Opposed the bill saying it is fundamentally flawed, will adversely affect thousands of farmers, removes basic rule of law principles including presumption of innocence, and is motivated by the Deputy Premier's need to secure Greens preferences.

“Those who vote for this legislation in the House tonight are voting against farmers; they are voting against the rights of Indigenous communities; and they are voting against the basic tenets of the rule of law.”— 2016-08-18View Hansard

Supported the bill saying it will address unchecked clearing of native vegetation, restore nation-leading legislation and undo the damage caused by the LNP's 2013 changes.

“I implore all members of this parliament to vote in favour of this bill.”— 2016-08-18View Hansard

KAP member opposed the bill, critcising the reverse onus of proof, arguing that clearing is mostly discreet not broadscale, and that commercial barriers already limit clearing. He argued the bill will deny Indigenous people opportunities to develop their land.

“The key point is that we need people on the land who can manage the land themselves. We have to trust them because in most cases most of these people are trying to do the right thing.”— 2016-08-18View Hansard

Supported the bill saying mass tree clearing creates sediment run-off that pollutes Moreton Bay and the Great Barrier Reef, threatening Queensland's tourism industry.

“I never, ever want to see us in a position where we have to say, 'That is where the Great Barrier Reef used to be.' I commend the bill to the House.”— 2016-08-18View Hansard

Opposed the bill on the grounds of property rights, saying the LNP believes in the inalienable rights associated with property ownership and any attempt to dictate to landholders will have significant ramifications for agriculture and jobs.

“I condemn the legislation that is before the House and I look forward to joining my LNP colleagues in standing up against this big government abrogation of property rights.”— 2016-08-18View Hansard

Supported the bill as a crucial action against climate change, arguing rural producers will bear the impact of runaway climate change and LNP members appear to deny climate change exists.

“In Queensland, the best and most effective legislative action that we can take to stop that getting worse is to stop emissions released through land clearing and protect the carbon that is locked up in vegetation.”— 2016-08-18View Hansard

Opposed the bill saying its purpose is not evidence-based but is designed to appease greens in the south-east corner, and will harm Indigenous Australians in Cape York who need the ability to farm to build local economies.

“We can achieve an outcome that guarantees the future of the Great Barrier Reef and we can achieve a balance that will allow for a sustainable future for agriculture in this state.”— 2016-08-18View Hansard

As Health Minister, supported the bill on economic grounds saying it balances agriculture and tourism interests, citing the $5.68 billion economic contribution of the reef and 69,000 jobs supported.

“This is a bill which supports the sustainable development of two of our major industries—agriculture and tourism.”— 2016-08-18View Hansard

Opposed the bill on property rights grounds, arguing at current clearing rates it would take 660 years to clear Queensland and the retrospective reverse onus of proof provisions are unacceptable.

“Those on the government side of the chamber really need to understand what they are doing to people's property rights, because if people do not have confidence in their property rights they will stop investing.”— 2016-08-18View Hansard

Said landowners in Central Queensland do not like the intent of the legislation and do not support reverse onus of proof provisions, but would not abstain from voting after a leaked letter ended his consideration of that course.

“On behalf of the landowners operating in the Mirani electorate and right across Central Queensland, I want to say that those landowners expect government to follow the recommendation of the Agriculture and Environment Committee to remove from the legislation that provision which refers to the reverse onus of proof.”— 2016-08-18View Hansard

Opposed the bill saying it undermines property rights and the rule of law, applies standards to rural landholders not applied to criminals, and is based on junk political science rather than genuine scientific evidence.

“The fundamental foundation of any functioning society is property rights and the rule of law. This legislation impinges every aspect of that in the most drastic and diabolical way.”— 2016-08-18View Hansard

As Minister for Main Roads and Energy, supported the bill saying climate change is real, 296,000 hectares were bulldozed in 2014-15 (up from 91,690 in 2010-11), and the LNP's 2013 changes were a deception of Queenslanders.

“Given that this bill is likely to be defeated tonight due to LNP and crossbench opposition, today is a sad day for Queensland's environment and for action on climate change.”— 2016-08-18View Hansard

Summed up the opposition debate, saying the legislation has always been unfair and unjust, is driven by a Greens preference strategy, and only 0.3 per cent of Queensland's woody vegetation was affected in 2014-15 belying claims of environmental catastrophe.

“This bill seeks to reverse those changes that were positively welcomed by Queenslanders. This bill should be defeated.”— 2016-08-18View Hansard

As Deputy Premier, in reply supported the bill saying Queensland is responsible for 90 per cent of Australia's emissions from land use, land-clearing is unsustainable, and a vote against the bill is a vote against the Great Barrier Reef.

“I fundamentally believe that a vote against this bill tonight is a vote against the Great Barrier Reef. Those on this side of the House are resolute and will be voting to save our environment, to restore balance, and to do everything we can for the Great Barrier Reef.”— 2016-08-18View Hansard

Supported the bill, recounting door-knocking her electorate on the issue and saying voters understood the need to reinstate nation-leading tree-clearing laws.

“Labor went to the last election promising to take strong action to help save the Great Barrier Reef. That included reducing Queensland's carbon emissions by introducing nation-leading tree-clearing laws.”— 2016-08-18View Hansard

As Agriculture Minister, supported the bill citing ABS data showing Queensland agriculture grew strongly under Labor's vegetation management laws and urging farmers to back themselves rather than listen to those who deny the problem.

“I urge farmers to back themselves rather than to listen to those who deny there is a problem that requires urgent repair.”— 2016-08-18View Hansard

As shadow minister for natural resources, led the LNP opposition to the bill, describing it as conceived exclusively between Labor and the Greens, and arguing the 2014 SLATS report shows woody vegetation management activities accounted for only 0.3 per cent of Queensland's woody vegetation.

“I said when I commenced this contribution that this legislation was conceived exclusively between Labor and the Greens, and despite the Palaszczuk government giving repeated undertakings to rural stakeholder groups that they would be consulted this consultation never happened.”— 2016-08-18View Hansard