South Australia’s broken biodiversity legislation

24 09 2018

It might come as a bit of shock to some who might give more than a shit about our State’s environmental integrity that there is no dedicated legislation to protect biodiversity in South Australia today.

What? Well, ok, we do have the Native Vegetation Act that is supposed to restrict the clearing of existing native vegetation (of which there is precious little left), and the National Parks and Wildlife Act 1972 to legislate protected areas and species endangerment. We also have the Wilderness Protection Act 1992 that addresses wilderness protection and land restoration, and the Natural Resource Management Act 2004 that is designed to promote sustainable and integrated management of the State’s natural resources. Finally, the South Australia Environment Protection Authority operates under various acts1 to limit environmental damage.

However, South Australia has no act specifically focussed on biodiversity conservation, and the legislation that does exist does not even consider invertebrates (like insects) as animals — because most animals are in fact invertebrates, this means that most of South Australia’s species are ineligible for official threat listing, even if they have a high risk of extinction.

If you recall, I reported in July this year that in 2017 we had a Parliamentary Inquiry into Biodiversity2, which concluded that existing environmental legislation in South Australia “… lacks cohesion and consistency, particularly regarding enforcement and compliance provisions”.

In my judgement, therefore, an entirely new, biodiversity-focussed act would add legislative teeth to biodiversity conservation in South Australia. As it turns out, that very same Parliamentary Inquiry into Biodiversity I mentioned above recommended3 the creation of a Biodiversity Expert Panel to reform the legislative framework of environmental protection. Thus, the new Government of South Australia has the perfect opportunity to do so under their proposed changes to natural resource management legislation. Following these calls for reform and the new direction of Nature of SA, there is a real opportunity here for statutory reform that includes integrated biodiversity legislation analogous to the New South Wales Biodiversity Conservation Act 2016.

Read the rest of this entry »




South Australia doesn’t value its environment

5 09 2018

how we treat our environmentThe South Australian State Budget was released yesterday, and as has been the trend for the last ten years or so, the numbers are not good for the State’s environment.

While it has been reported that the budget includes the loss of 115 full-time staff from the Department of Environment and Water, the overall cuts run much deeper. They also herald a new era of not giving a tinker’s cuss for the sorry state of our environment.

I took the liberty of amassing the budget data with respect to environmental spending in this State since 2002-2003 (the earliest year I could find budget papers), and now I’ve just added the 2018-2019 data.

If I’ve selected the appropriate amounts, — side note: someone desperately needs to teach these budget bean-counters how to standardise, report, itemise, and organise data much, much better than they do (my first-year students could do a better job drunk and blindfolded) — then this is what environmental spending (including environment, biodiversity, water, and the Environment Protection Authority) has looked like since 2002: Read the rest of this entry »





Biodiversity is everyone’s responsibility

13 07 2018

Workspace: Team Of Diverse Workers Put Hands TogetherI’m not sure if many South Australians are aware of this, but the Parliamentary Inquiry into Biodiversity by the Environment, Resources and Development Committee presented a report to the 53rd Parliament of South Australia in March 2017. I thought it worthwhile reproducing their executive summary here on CB.com (I’ve highlighted the text that I deem to be rather insightful and simultaneously damning from our own elected government representatives):

This report summarises the findings and recommendations of the South Australian Parliament’s Environment, Resources and Development Committee’s inquiry into biodiversity in South Australia. Specifically, the inquiry investigated the regulatory and policy framework to determine whether it appropriately supports terrestrial and marine ecological processes, biodiversity values and abates species extinction.

The Committee found that in spite of the efforts of the State and Federal governments, industry and private landholders in South Australia, the condition of biodiversity in the State continues to decline. Species extinctions have occurred in the past and a further “extinction debt” still exists. There is no reason to believe that this trend will improve without a change to the way we approach biodiversity conservation.

A key theme to emerge from the Inquiry is that biodiversity conservation needs to be everyone’s responsibility; State and Federal government, industry, the broader community, and private landholders.

This also means that biodiversity conservation needs to occur across both public and private land, with actions coordinated at a landscape scale.

Making biodiversity conservation everyone’s responsibility requires a range of measures, including legislative reform, improved management of threats and greater involvement of the community. The provision of greater resources would yield faster results.

This report has focused on several key themes that emerged from submissions to the Inquiry.

Regulating for better biodiversity – South Australia’s legislative framework

South Australia’s current legislative framework does not provide for optimum biodiversity outcomes.

Three key issues contribute to this –

  • an out-of-date suite of environmental legislation that lacks cohesion and consistency, particularly regarding enforcement and compliance provisions;
  • inadequate and incomplete processes for identifying and protecting at-risk elements that need special measures (e.g. for protection of specific threatened species and ecological communities); and
  • inadequate consideration of biodiversity conservation in legislation that regulates human activities. In particular, there is a lack of cohesion between the environmental legislative and policy framework and land use planning, assessment and approval.
  • Statutory fragmentation of biodiversity considerations – that is, consideration of different aspects of biodiversity under different pieces of legislation – results in lack of cohesion and consistency, duplication and inefficiency, and makes it difficult to implement a landscape approach or to identify strategic opportunities and risks.

Taken as a whole, current enforcement provisions do not provide for effective and proportionate compliance action. Enforcement and compliance provisions across the relevant legislation are uneven in their approach. For example, penalties appear to be disproportionate and not risk-based (although there are some exceptions). Modern enforcement tools such as compliance orders, civil remedies and alternative penalties (such as administrative penalties, payment of damages including exemplary damages, remediation orders etc) are not included in all relevant legislation. There is some duplication in offences and inconsistency in the types of sanctions and penalty ranges.

There is an urgent need to amend the legislative framework to support any attempt to improve biodiversity outcomes.

The best approach will be based on clear, shared responsibility for biodiversity outcomes, supported by individual accountability. However, such a change will require policy development and drive.

To ensure forward momentum and improvements in the short term while developing the policy settings to support such a step-change, a staged approach could be implemented. There are various ways this could be achieved.

The Committee suggests a 3-stage approach to reforming the legislative framework. The Committee recommends the creation of a Biodiversity Expert Panel that is responsible for advancing this 3-stage approach.

  1. The first stage will involve amendments to improve operation and effectiveness of the regulatory regime within current policy settings, acknowledging that as a result of Stage 3, provisions may be altered or moved into different pieces of legislation. Amendments generally would be to the existing ‘environmental’ Acts, and primarily to the National Parks and Wildlife Act 1972 and Native Vegetation Act 1991. They would include many of the specific areas for amendment identified in EDO submissions (2011 & 2015) as well as in the SA Government submission, for example, beginning with amendments to improve current environmental legislation.
  2. Stage 2 would progress to amendments to improve integration between Acts and improve support for landholders and community participation.
  3. Stage 3 would implement a system whereby all resource use and management would be managed by one piece of legislation, with protection of biodiversity and sustainable development at its core. Provisions for protected area management, and for the scientific work involved in identifying threatened species and communities, may be contained in separate legislation.

Threats, ecological resilience and restoration

The State’s native biodiversity is facing myriad of current threats, including habitat loss and fragmentation (due to development and changing land-use), pest plants and animals, and control burn regimes. There is a need for more stringent vegetation protection, better informed and enacted control and management strategies of known pest plants and animals, and a revision of burning regimes.

Future threats to the State’s biodiversity will be largely driven by climate change impacts and the interaction with existing major threats (e.g. urbanisation and changing land use). Adequately preparing for and managing such future threats will require knowledge of projected changes and pro-active preparation for such changes.

Working with the community

Involvement of the community is an essential part of any biodiversity conservation strategy for the State. It is a foundation stone for moving to a point where biodiversity conservation is everyone’s business.

Community engagement will become increasingly important for biodiversity conservation, especially given the growing role of volunteers to support works on public land as well as the voluntary conservation efforts of private landholders. The expanding role of volunteers reenforces that biodiversity conservation is everyone’s business.

South Australia’s approach to biodiversity conversation on private land needs to be reinvigorated.

Cross cutting themes

There were several cross cutting themes identified in submissions to the Inquiry. There was broad recognition of the strong cultural and historic significance of elements of biodiversity to Aboriginal people, and that this is often poorly understood outside those communities. Continuing to identify ways for Aboriginal people to contribute to land and water management in South Australia remains a priority.

With respect to knowledge generation, critical knowledge gaps exist that need to be filled and existing knowledge is not being adequately understood, communicated or applied. From a resourcing perspective, there is concern that insufficient funds are being allocated to biodiversity conservation, which is affecting work on public and private lands.

The management of over-abundant species in South Australia remains a challenge, noting the recent impacts of long-nose fur seals in the Lower Lakes and Coorong, and ongoing concerns regarding the impact of animals such as little corellas and some species of kangaroos on negative vegetation.

 





Greater death rates for invasive rabbits from interacting diseases

30 05 2018

When it comes to death rates for invasive European rabbits (Oryctolagus cuniculus) in Australia, it appears that 1 + 1 = 2.1.

Pt tagged rab with RHD+myxo 1 10-08

Tagged European rabbit kitten infected with myxoma virus, but that died from rabbit haemorrhagic virus disease (RHDV). Photo by David Peacock, Biosecurity South Australia.

“Canberra, we have a problem” — Sure, it’s an old problem and much less of one than it used to be back in the 1950s, but invasive rabbits are nonetheless an ecological, conservation, and financial catastrophe across Australia.

relative rabbit abundance South Australia

Semi-schematic diagram, redrawn using data from Saunders and others and extended to include the recent spread of RHDV2, showing changes in rabbit abundance in relation to the introduction of biological control agents into north-eastern South Australia. Dotted lines indicate uncertainty due to lack of continuous annual data. The broken line indicates a level of about 0.5 rabbits ha-1, below which rabbits must be held to ensure recovery of native pastures and shrubs (from B. Cooke 2018 Vet Rec doi:10.1136/vr.k2105)

Rabbits used to reach plague numbers in much of agricultural and outback Australia, but the introduction and clever manipulation of two rather effective rabbit-specific viruses and insect vectors — first, myxoma virus in 1950, European rabbit fleas in the 1960s to help spread the virus, then Spanish rabbit fleas in the 1990s to increase spread into arid areas, and then rabbit haemorrhagic disease virus (RHDV) in 1995 — have been effective in dropping rabbit abundances by an estimated 75-80% in South Australia alone since the 1950s.

Read the rest of this entry »





Protecting one of the world’s marine wonders

17 06 2017
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© CJA Bradshaw

While I’m in transit (yet a-bloody-gain) to Helsinki, I wanted to take this opportunity to reflect on one of the most inspiring eco-tourism experiences I recently had in South Australia.

If you are South Australian and have even the slightest interest in wildlife, you will have of course at least heard of the awe-inspiring mass breeding aggregation of giant cuttlefish (Sepia apama) that occur in May-July every year in upper Spencer Gulf near the small town of Whyalla. If you have been lucky enough to go there and see these amazing creatures themselves, then you know exactly what I’m talking about. And if you haven’t yet been there, take it from me that it is so very much worth it to attempt the voyage.

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Father-daughter giant-cuttlefish-snorkelling selfie. © CJA Bradshaw

Despite having lived in South Australia for nearly a decade now, I only got my chance to see these wonderful creatures when a father at my daughter’s school organised a school trip. After driving for five hours from Adelaide to Whyalla, we hired our snorkelling gear and got into the water the very next morning. Read the rest of this entry »





Job: Koala Data Research Technician

6 03 2017

koalaIf you live in South Australia, and in Adelaide especially, you would have had to be living under a rock not to have heard of the Great Koala Counts 1 and 2. So I’m not really writing this for those sotto pietra types. If you are a regular reader of CB.com, you’ll also know that I’ve been involved in helping analyse the data from GKC1, as well as improving the design of the GKC2.

8037320-3x2-940x627Well, the data are in for GKC2 and we need help to analyse them. Just as a little reminder, the GKCs are designed to provide better data to estimate the distribution and density of koalas in South Australia (especially in the Mount Lofty Ranges). We’ve already written one scientific article from GKC1, but we now have a more expansive and quality-controlled dataset, so it’s now time to write the second. Read the rest of this entry »





Not all wetlands are created equal

13 02 2017

little-guyLast year I wrote what has become a highly viewed post here at ConservationBytes.com about the plight of the world’s freshwater biodiversity. In a word, it’s ‘buggered’.

But there are steps we can take to avoid losing even more of that precious freshwater biodiversity. The first, of course, is to stop sucking all the water out of our streams and wetlands. With a global population of 7.5 billion people and climbing, the competition for freshwater will usually mean that non-human life forms lose that race. However, the more people (and those making the decisions, in particular) realise that intact wetlands do us more good as wetlands rather than carparks, housing developments, or farmland (via freshwater filtering, species protection, carbon storage, etc.), the more we have a chance to save them.

My former MSc student, the very clever David Deane1, has been working tirelessly to examine different scenarios of wetland plant biodiversity change in South Australia, and is now the proud lead author of a corker of a new paper in Biological Conservation. Having already published one paper about how wetland plant biodiversity patterns are driven by rare terrestrial plants, his latest is a very important contribution about how to manage our precious wetlands. Read the rest of this entry »