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Disclaimer

Key departmental publications, e.g. annual reports, budget papers and program guidelines are available in our online archive.

Much of the material listed on these archived web pages has been superseded, or served a particular purpose at a particular time. It may contain references to activities or policies that have no current application. Many archived documents may link to web pages that have moved or no longer exist, or may refer to other documents that are no longer available.

National Recovery Plan for Malleefowl

Joe Benshemesh
Environment Australia, October 2000
ISBN 0759010072

Note: This publication has been superseded by the National recovery plan for Malleefowl (Leipoa ocellata) - 2007

APPENDIX III SOME IMPORTANT LEGISLATION, POLICY AND PROGRAMS

Commonwealth

Clearing controls

Formerly covered by the National Parks and Wildlife Act 1975 this legislation has now been replaced by the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

Wildlife conservation

Formerly covered by the Endangered Species Protection Act 1992 this legislation has now also been replaced by the EPBC Act.

Funding of conservation works

The Natural Heritage Trust grants funds for a wide range of conservation purposes across Australia, especially those involving on-ground works that have a lasting benefit to conservation. Incorporated community groups are eligible for funds.

New South Wales

Clearing controls

The Native Vegetation Conservation Act 1997 requires consent to clear vegetation and applications are assessed according to biodiversity values as well as other criteria. The Environment Planning and Assessment Act 1979 is also relevant to conservation of native vegetation, threatened species and critical habitat in NSW.

Conservation covenants

Voluntary Conservation Agreements are in perpetuity statutory covenants created under Section 69 of the National Parks and Wildlife Act, 1974. Landholders who enter a Voluntary Conservation Agreement may apply for funding to cover costs and for assistance in management. Landholders may also be eligible for rate relief from local government.

Non-binding voluntary conservation agreements

Wildlife Refuges may be gazetted under Section 68 of the National Parks and Wildlife Act, 1974 and provide formal recognition of conservation values on private land.

Wildlife conservation

The National Parks and Wildlife Act, 1974 deals with threatened species, conservation agreements, and protects critical habitats.

The Threatened Species Conservation Act, 1995 deals with the preparation and implementation of threatened species recovery plans. Malleefowl are listed as endangered under Schedule 1of this Act, and predation by foxes is listed as a threatening process in Schedule 3.

South Australia

Clearing controls

The Native Vegetation Act, 1991 comprehensively controls clearing through a Native Vegetation Council which must approve any application to clear land. Approval is often tied to revegetation elsewhere on a property so as to provide a net gain in native vegetation.

Covenants

Heritage Agreements are in perpetuity statutory covenants that are voluntarily entered into by landholders. Incentives include full fencing costs and assistance for the management of the land.

Wildlife conservation

National Parks and Wildlife Act, 1972

Victoria

Clearing controls

The Planning and Environment Act, 1987 protects habitat for native plants and animals through local planning schemes. The state controls all areas over 10 ha and local councils are responsible for the administration of the planning controls.

Covenants

Trust for Nature Covenants are in perpetuity statutory covenants that are voluntarily entered into by landholders. The Trust for Nature has also established a revolving fund which purchases land, places a covenant protecting nature conservation values, and then re-sells the land to a sympathetic landholder. Land Management Cooperative Agreements are also statutory covenants and can be negotiated with the Department of Natural Resources and Environment through the Conservation Forests and Lands Act.

Non-binding voluntary conservation agreements

Land for Wildlife allows landholders to register their property if parts of it are actively managed for conservation. the program offers recognition of conservation effort, a network of interested landholders, extension support and management advice.

Wildlife conservation

Wildlife Act, 1975

Flora and Fauna Guarantee Act, 1988

Western Australia

Clearing controls

The Soil and Land Conservation Act, 1994 places restrictions on clearing based on the extent of native vegetation on the property and in the country shire.

Covenants

The Remnant Vegetation Protection Scheme provides assistance for landholders to fence remnant vegetation when they enter 30-year contracts to protect and manage the vegetation. The Conservation and Land Management Act, 1984 alsoprovides for permanent covenants, although no agreements had been entered into by 1997 (Binning and Young 1997).

Wildlife conservation

Wildlife Conservation Act, 1950- 80

Sources of information

Binning, C. and Young, M. (1997). Motivating people: Using management agreements to conserve remnant vegetation. CSIRO Wildlife and Ecology, Lyneham, ACT.

Fabricius, C. (1994). Guide to Environmental Legislation in Australia and New Zealand. Australian and New Zealand Environment and Conservation Council (ANZECC) Report No. 29. Canberra, ACT.