NEW ENVIRONMENTAL PROTECTION AMENDMENTS
Published Friday, 02 November, 2007 at 02:05 PM
Minister for Sustainability, Climate Change and Innovation
The Honourable Andrew McNamara
New environmental protection legislation passed in State Parliament last night gives greater flexibility for Councils in managing local environmental issues and clarifies the law on protecting flying foxes.
Minister for Sustainability, Climate Change and Innovation, Andrew McNamara, said the Environmental Protection and Other Legislation Amendment Bill makes a number of small legislative changes to better protect Queensland’s environment while reducing red tape.
“One of the main beneficiaries from the Bill is local councils who will have greater flexibilitiy to meet their responsibilities in regulating environmental nuisance,” Mr McNamara said.
“The Bill allows local governments to make local laws (by-laws) which over-ride state laws on environmental nuisance issues like excessive noise, dust, odour and light.
“This change allows local governments to adopt laws appropriate to their communities.
“For example, councils in far northern or western Queensland could introduce local laws allowing building works to commence earlier in the day so workers are not working in the heat of the day.
“Councils will also have the power to set fees for environmental services which accurately reflect the cost of providing the services, even if they are higher than levels set by the State Government.
“This doesn’t mean that local councils can charge excessively as existing legislation prevents councils from having regulatory fees above cost recovery.”
Mr McNamara said the Bill also clarifies regulation relating to the control and movement of flying fox colonies.
“The amendment to create an offence for unauthorised damage or disturbance of flying fox roosts where they congregate to rest, breed and raise their young will help ensure the diminishing flying-fox population is protected,” he said.
“Contrary to assertions from the Opposition, there are no increased penalties as a result of this amendment from those already in force.
“The amendment clarifies the intent of the Nature Conservation Act that those who disturb a flying fox roost for the purpose of driving them away are authorised and qualified.
“If flying foxes are not moved on properly, they can move back to their roosts or move to other areas which could be even less acceptable to the affected human community.
“This amendment applies only to flying fox roosts, and does not apply to moving flying foxes from where they feed. Orchardists can continue to use sight and sound to deter flying foxes from fruit crop areas.
Mr McNamara said other changes under the Bill include a new schedule of penalties for taking and dealing in protected plants, and reducing the “green tape” associated with meeting environmental protection considerations.
“Queensland has the greatest variety of native plant groups in Australia,” Mr McNamara said.
“It’s important that our legislation recognise their importance, and is sufficiently flexible to distinguish between a minor protected plant offence and a significant protected plant offence.
“I have also directed my department to look at reducing the “green tape” associated with meeting environmental protection considerations.
“I want to see a system of applications and approvals which maintains the integrity of our environmental protection frameworks, but eliminates duplication where possible and reduces paperwork and time associated with approval processes.”
Media contact: Peter McCarthy 3336 8004
Minister for Sustainability, Climate Change and Innovation, Andrew McNamara, said the Environmental Protection and Other Legislation Amendment Bill makes a number of small legislative changes to better protect Queensland’s environment while reducing red tape.
“One of the main beneficiaries from the Bill is local councils who will have greater flexibilitiy to meet their responsibilities in regulating environmental nuisance,” Mr McNamara said.
“The Bill allows local governments to make local laws (by-laws) which over-ride state laws on environmental nuisance issues like excessive noise, dust, odour and light.
“This change allows local governments to adopt laws appropriate to their communities.
“For example, councils in far northern or western Queensland could introduce local laws allowing building works to commence earlier in the day so workers are not working in the heat of the day.
“Councils will also have the power to set fees for environmental services which accurately reflect the cost of providing the services, even if they are higher than levels set by the State Government.
“This doesn’t mean that local councils can charge excessively as existing legislation prevents councils from having regulatory fees above cost recovery.”
Mr McNamara said the Bill also clarifies regulation relating to the control and movement of flying fox colonies.
“The amendment to create an offence for unauthorised damage or disturbance of flying fox roosts where they congregate to rest, breed and raise their young will help ensure the diminishing flying-fox population is protected,” he said.
“Contrary to assertions from the Opposition, there are no increased penalties as a result of this amendment from those already in force.
“The amendment clarifies the intent of the Nature Conservation Act that those who disturb a flying fox roost for the purpose of driving them away are authorised and qualified.
“If flying foxes are not moved on properly, they can move back to their roosts or move to other areas which could be even less acceptable to the affected human community.
“This amendment applies only to flying fox roosts, and does not apply to moving flying foxes from where they feed. Orchardists can continue to use sight and sound to deter flying foxes from fruit crop areas.
Mr McNamara said other changes under the Bill include a new schedule of penalties for taking and dealing in protected plants, and reducing the “green tape” associated with meeting environmental protection considerations.
“Queensland has the greatest variety of native plant groups in Australia,” Mr McNamara said.
“It’s important that our legislation recognise their importance, and is sufficiently flexible to distinguish between a minor protected plant offence and a significant protected plant offence.
“I have also directed my department to look at reducing the “green tape” associated with meeting environmental protection considerations.
“I want to see a system of applications and approvals which maintains the integrity of our environmental protection frameworks, but eliminates duplication where possible and reduces paperwork and time associated with approval processes.”
Media contact: Peter McCarthy 3336 8004