Debate over land clearing laws set to reignite at Qld election as current system cut down by all stakeholders – ABC Online

A year after the Palaszczuk Government's proposed stronger land clearing laws failed to get through Parliament, vegetation management is shaping up as a major issue at the next election.

The current system is frustrating both the agricultural sector and environmentalists with two major areas of contention.

In 2013, the then LNP Newman government amended the Vegetation Management Act to make it easier for farmers to clear their land for high-value agricultural activities.

When Labor was unsuccessful in reversing that amendment in 2016, Deputy Premier Jackie Trad vowed to instead be tougher when assessing applications and it seems she has followed through.

Despite the legislation being unchanged, just four of 21 applications for clearing for high-value agriculture have been approved since July 2015.

Permit approval numbers are not available for when the LNP was still in government however, figures from the Statewide Landcover and Trees Study (SLATS) show that in 2014-15, 207,000 hectares of land was newly cleared.

George Muirhead from Kendall River Station on Cape York has dealt with government departments under both parties while trying to get approval to clear land for a sorghum plantation.

He said once Labor took control, the process stalled.

"There was a continuous seeking of more information and we provided all that information, including land evaluation, soil testing, drilling and all these things but at the end of the day, they just continually frustrated it," Mr Muirhead said.

"They'd just never respond and they don't seem to have any need to give any reasons either you know; it's very frustrating."

Mr Muirhead said he had spent about $100,000 on the application process, including reports from independent consultants, testing and legal advice but in the end, his application failed to get through the first hurdle.

Land clearing was made easier under the LNP government but several permits are now being investigated.

(Supplied)

Land clearing was made easier under the LNP government but several permits are now being investigated.

President of Agforce, Grant Maudsley, said one of the problems is Section 22A of the Vegetation Management Act, under which the Department of Natural Mines and Resources must rule the application is for a relevant purpose before it can proceed to the State Assessment and Referral Agency.

"Unfortunately, we have no rights of appeal under that process so you can be basically sent back and forward with information requests," he said.

"You can get stalled internally in there without a right of appeal so that's problematic, but it's the legislation that's at fault there."

However, the Queensland Conservation Council's Dr Tim Seelig said Labor was simply assessing applications adequately now.

He said they were using "the proper vigour that should have been there in the first place" regarding independent soils analysis and proper assessment of whether applications were genuinely for high-value cropping.

"As was the case with most of the permits granted by the LNP government, it was really to grow cattle fodder and to clear, essentially for future cattle grazing," Mr Seelig said.

"The administrative rules were tightened up, [and] quite rightly so."

From July, the self-assessable vegetation clearing codes under the vegetation management framework became known as accepted development vegetation clearing codes, following a Department of Natural Resources and Mines review.

Draft revisions of the codes, which allow landholders to thin vegetation and cut trees for fodder under strict guidelines, are currently being developed.

The Conservation Council is concerned the self-assessable codes have created a loophole for large-scale land clearing

(ABC News)

The Conservation Council is concerned the self-assessable codes have created a loophole for large-scale land clearing

David Massurit has a property near St George, in southern Queensland, which he says is overrun by mulga that he feeds to his livestock during drought.

He said he could push some trees down, but he found out the hard way that he was not allowed to remove the dead branches.

"We got into trouble there. Jackie Trad told the tree police to get out from under the benches and go back to work, which they did," Mr Massurit said.

"I'm not game to push over mulga now because I'm not allowed to rake it up."

He said the restrictions had led to thick mulga forests and a reduction in his livestock carrying capacity.

"We are going through an unimproved capital value and we're protesting at the value because our carrying capacity has diminished greatly," he said.

"We are claiming lack of carrying ability due to the thickening of the mulga.

"You want to scream but it gets you nowhere."

Mr Maudsley said landholders were incurring extra expenses to stick to the rules.

"The fact that satellites are going over it just means that people are working harder with GPS systems and tracking and knowing exactly where the boundaries are," he said.

"It's still really complex and it's very confusing for a lot of people, but a lot of contractors are stepping up into this space around having access to real time mapping on their machines because we need to be credible when we stand up and say we're doing the right thing."

David Massurit says his inability to clear mulga has led to his property being de-valued

(ABC Rural: Jodie Gunders)

David Massurit says his inability to clear mulga has led to his property being de-valued

However, Mr Seelig said the codes were not strict enough, and he claims they open a loophole.

"We now have the problem of the codes being used as a back door way of large-scale clearing occurring," he said.

"We understand there have been recommendations made about tightening up particularly the thinning code and to some degree, the fodder code but we haven't seen any change."

A spokesperson for the Environment Minister Steven Miles said Labor would bring stronger land clearing laws to the next election.

She said they were yet to decide on exact changes, but the amendments would be similar to those proposed in 2016.

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Debate over land clearing laws set to reignite at Qld election as current system cut down by all stakeholders - ABC Online