Read The Times Australia

Daily Bulletin

Queensland's new land-clearing laws are all stick and no carrot (but it's time to do better)

  • Written by: Philippa England, Senior Lecturer, Griffith Law School, Griffith University
The Conversation

The Queensland government passed legislation last month to prevent the clearing of high-value regrowth vegetation on freehold and Indigenous land. The move has been deeply unpopular with many landholders. They have argued that they are footing the bill for the commmunity’s environmental aspirations – without compensation.

The government’s intention was to reinstate a “responsible vegetation management framework”, broadly in line with legislation first passed in 2004, but which the Newman government repealed in 2013.

Read more: Queensland's new land clearing bill will help turn the tide, despite its flaws

But time has moved on since 2004. Instead of relying on a heavy-handed regulatory approach, a mix of carrots and sticks might have generated economic value for landholders, and reduced land clearing into the bargain.

Why landholders are fuming

Broadly speaking, landholders are worried the government hasn’t listened to their concerns and won’t pay for the land that is now effectively under state regulatory control. The parliamentary committee set up to report on the bill received more than 13,000 submissions (including 777 non-pro-forma submissions) – the largest number received by any committee of the Queensland parliament.

Read more: Australia is a global top-ten deforester – and Queensland is leading the way

The government itself has admitted stakeholders were not consulted in the preparation of the bill, although the department report cites a “substantial history” of consultation on many of its measures. Nevertheless, the Queensland Law Society felt that further consultation would have been appropriate given “the sensitive nature of this legislation”.

Many submissions raised concerns about information shortfalls, regulatory duplication and excessive red tape. The department’s fallback position was simply to argue that “the proposed amendments are consistent with the government’s 2017 election commitment”.

Ironically, it is not only landholders who have lost out financially. The Queensland government is now effectively in control of an additional 1.76 million hectares of land, which it intends to leave undeveloped. But, in today’s world, the carbon stored in this land has a market price as well as an environmental value, if it’s properly managed.

Better alternatives

With a little more preparation and creative thinking, the government might have been able to spare our vegetation, create a huge pool of lucrative carbon offsets ready to market to the world, and provide compensation to affected landholders.

For instance, instead of an outright prohibition on land clearing, the government could have put in place a three-year moratorium on land clearing. Landholders could then be given a chance to opt out of the moratorium by transferring their land to a permanent conservation covenant or similar arrangement.

Although some careful drafting would be required to ensure the offsets integrity standards and other regulatory requirements are met, landholders who opted out of the temporary moratorium could become eligible to earn carbon offsets, or any other available financial incentives.

Read more: Can carbon farming change the face of rural Australia?

On the other hand, landholders who do not respond to this financial “carrot” would run the risk of being hit with the (uncompensated) “stick” of a more prescriptive approach (temporary or not) at the end of the moratorium period.

The government could help this transition along by helping landholders sign up for one or more of the various existing schemes for conservation covenants, carbon offsets and biodiversity offsets. One of the main factors preventing greater participation in these schemes is prohibitively high transaction costs, especially in the early stages.

I realise there is a degree of wishful thinking about this proposal. Several hurdles, particularly political ones, would need to be overcome. But if we want serious, fair and enduring land use reform, I think these options merit a more meaningful investigation.

At the moment, a heavy-handed sweep of a pen by politicians in Brisbane has locked both landholders and government out of the market for ecosystem services. Given that the government now essentially owns a huge store of carbon assets, it’s a missed opportunity.

Read more: Australia’s biggest emitters opt to 'wait and see' over Emissions Reduction Fund

With a little more creative thinking, Queensland might have provided compensation to landholders at no cost to itself. Instead, it has used a regulatory hammer to impose rules that – judging by past performance – have no guarantee of surviving past the next election.

Authors: Philippa England, Senior Lecturer, Griffith Law School, Griffith University

Read more http://theconversation.com/queenslands-new-land-clearing-laws-are-all-stick-and-no-carrot-but-its-time-to-do-better-97178

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Sydney Academy Partnership Targets Talent Development for Travel and Hospitality

VFS Global Academy’s Australian expansion will focus on practical skills and career development thro...

How Strategic Corporate Gifting Boosts Client Retention and Team Morale

As the calendar pushes towards the end of the year, business leaders across Australia begin evalua...

The Importance of Reliable Plumbing Services During Home Renovations

A freshly renovated bathroom can make an ordinary Monday morning feel a little more inviting. The ne...

Backyard Living Options for Campbelltown Homes: What Works Best?

You know that feeling at the end of a long, busy week when all you want is a calm spot outdoors, whe...

Smart Wardrobe Storage Ideas for Small Sydney Apartments and Bedrooms

A well-designed wardrobe is one of the most useful things a home can have. It's meant to keep clothe...

Colorbond Fencing in Australia: Costs, Colours, Rules and What Actually Lasts

Drive through almost any Australian suburb built in the last thirty years and you are looking at the...

Why Your Dental Clinic Is Not Getting Enough New Patient Bookings From Google

Introduction SEO for Dentist is not just about getting a dental clinic to appear somewhere on Goo...

Low Water Pressure in Sunbury: Is the Problem Inside Your Home or Outside It?

Low water pressure is one of those problems that can send a homeowner in the wrong direction. A we...

4 Beige Rugs for Beautiful and Comfortable Wooden Flooring

Wooden flooring already brings warmth and character to a room, but a beige rug can make that found...