ABSTRACT:
It is necessary to amend the Native Vegetation Conservation Act 1997 (NVCA) and Regulations in order to ensure that the Act meets its objectives. The suggested amendments to the Act presented in this report are likely to assist in achieving the objects of the Act including “to protect native vegetation of high conservation value” and to “prevent the inappropriate clearing of native vegetation”.
There is some evidence of ineffectiveness of the Act in preventing and reducing native vegetation clearing to the extent necessary to prevent further declines in terrestrial biodiversity, and to prevent further land degradation throughout NSW.
Some of the causes of this implementation deficit are undoubtedly inherent in any scheme to regulate the activities of private landholders. However there have been questions raised about political will to fully implement the Act. Nevertheless, it is also clear that some difficulties in implementation have arisen from shortcomings in the legislation.
Key problems in implementation of the Act to date have included:
(a) the high proportion of applications to clear which receive consent;
(b) the unfortunate structure and uncertain scope of exemption provisions under the Act;
(c) the lack of prosecution activity and the low levels of other enforcement activity; and
(d) the institutional and structural constraints to the Native Vegetation Advisory Council to being more pro-active in its advisory role in relation to native vegetation issues.
