Private protected areas in Australia

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privately protected saltmarsh in Tasmania Private reserve.jpg
privately protected saltmarsh in Tasmania

In 2010, Australia formulated a strategy for conserving land under the National Reserve System, which would be "a national network of public, Indigenous and private protected areas over land and inland water". [1] States, territories and the commonwealth have enacted legislation to create and protect private lands "in perpetuity". Additionally, they have created mechanisms to fund the conservation of biodiversity in the shorter term. [2] See for example, The Two Rivers Catchment Reserve. [3]

Contents

One writer estimated that by September 2013 there were roughly 5000 private properties in Australia comprising some 8,913,000 hectares (22,020,000 acres) which could be considered private protected areas. [4]

Commonwealth

Private protected lands forming part of the National Reserve System must satisfy certain criteria:

Such lands attract Australian Government funding which help in the management according to various guidelines. [5]

Examples

of private protected areas under the National Reserve System:

New South Wales

In 2018, 3.9% of private land in New South Wales was managed for conservation. [6]

Under the Biodiversity Conservation Act 2016 (BCA 2016) [7] private land conservation agreements protecting private lands "in perpetuity" are set up and registered. The Biodiversity Conservation Trust keeps a public register of agreements, [8] which are of three kinds: conservation agreements (Sections 5.20-5.26 of BCA 2016 [7] ), wildlife refuge agreements (Sections 5.27-5.33 of BCA 2016 [7] ), and biodiversity stewardship agreements (Sections 5.5-5.19 of BCA 2016 [7] ). [8]

Biodiversity agreements are "in perpetuity" but may be terminated by the Minister (administering this Act) to allow mining. (Sections 5.18, 5.19 of BCA 2016) [7] Similarly, A conservation agreement may be terminated (Section 5.23 of BCA 2016) with or without the agreement of all parties to the conservation agreement. [7] In fact, all types of agreement under the BCA 2016 may be terminated at the will of the minister in the interests of mining without the agreement of the landowners. (Sections 5.23, 5.30) [7] Reflecting this, in respect of wildlife agreements, the Act states (Section 5.33): Nothing in this Division:

(a) prevents the grant of a mining or petroleum authority in respect of land subject to a wildlife refuge agreement in accordance with the Mining Act 1992 [9] or the Petroleum (Onshore) Act 1991, [10] (b) prevents the carrying out, on or in respect of land subject to a wildlife refuge agreement, of any activity authorised by a mining or petroleum authority in accordance with the Mining Act 1992 or the Petroleum (Onshore) Act 1991. [7]

Biodiversity Stewardship Agreements are "in-perpetuity" agreements and registered on the property title. Such sites create ‘biodiversity credits’ which can be sold to offset the impacts of developments elsewhere. [8] Conservation Agreements are covenants on the property title, and may be either in-perpetuity or for a fixed-term, and in some cases attract management payments for the landholder. [8] Wildlife refuge agreements are "in-perpetuity" agreements that can be revoked by the landholder at any time. [8] A complete list of agreements is publicly available. [11]

Victoria

In 1972, the Victorian parliament enacted the Victorian Conservation Trust Act 1972. (VCTA 1972), [12] which established the Trust for Nature, Victoria, which would acquire preserve and maintain areas within the State of "ecologically significan(ce) or of natural interest or beauty or scientific interest and to encourage and assist in the preservation of wild life and native plants." A major role of the trust is the negotiation with private landholders of tracts of land deemed worthwhile to conserve, to create covenants over the land to protect areas

"which the Trust considers to be ecologically significant, of natural interest or beauty, of historic interest or of importance in relation to the conservation of wildlife or native plants". Section 3A VCTA 1972 [12]

Then the owner of the land

"may, subject to obtaining the Minister's approval thereof under subsection (8), enter into a covenant with the Trust which binds him as to the development or use of the land or any part thereof or the conservation or care of any bushland trees rock formations buildings or other objects on the land." Section 3A VCTA 1972 [12]

Since 1978, Trust for Nature has negotiated more than 1,380 covenants over more than 62,000 hectares. [13]

Examples

  1. Wombat Gully in Taungurung Country now has conservation covenant over 15.31 ha of the property. [14]
  2. A new covenant over land near Chiltern, which several ecological communities and a number of endangered species: the Barking Owl, Lace Monitor, and a rare wattle, the Currawang. [14]
  3. A new covenant over 146 ha of a 208 ha property near the Genoa River protects the habitat of the Long-nosed Potoroo, Glossy Black-Cockatoos and Coast Grey-box and a number of different forests. The covenant was negotiated through the Trust for Nature’s Estates Eastern Forests project. [14]
  1. A property on Steels Creek with high conservation value was donated to Trust for Nature. The land will be sold and put under a conservation covenant, with the proceeds being used to further the work of Trust for Nature. [14]

Tasmania

In Tasmania the instrument by which land is covenanted is the Nature Conservation Act 2002. [15] The act describes what land may have a conservation covenant, how this is to be done, and how landholders are to be compensated. As is the case in other jurisdictions, the land must be deemed to have conservation value.

At September 2019, there were 886 covenanted lands covering 109,325 ha in Tasmania. [16]

In Tasmania, the Tasmania Land Conservancy (TLC) performs a similar role to that of the Victorian Trust for Nature. The TLC is a not-for-profit organisation that "raises funds from the public to protect irreplaceable sites and rare ecosystems by buying and managing private land in Tasmania." Thus it owns and manages private reserves, works with landholders to identify and protect ecologically important areas via the creation of conservation agreements and covenants, and, again, like its Victorian counterpart has a revolving fund through its acquisition and sale of land whose conservation is important. [17]

Examples

See also

Further reading

Related Research Articles

<span class="mw-page-title-main">Protected areas of Australia</span> Protected areas in Australia

Protected areas of Australia include Commonwealth and off-shore protected areas managed by the Australian government, as well as protected areas within each of the six states of Australia and two self-governing territories, the Australian Capital Territory and the Northern Territory, which are managed by the eight state and territory governments.

Protected areas of Tasmania consist of protected areas located within Tasmania and its immediate onshore waters, including Macquarie Island. It includes areas of crown land managed by Tasmanian Government agencies as well as private reserves. As of 2016, 52% of Tasmania's land area has some form of reservation classification, the majority is managed by the Tasmania Parks & Wildlife Service. Marine protected areas cover about 7.9% of state waters.

<span class="mw-page-title-main">Conservation in Australia</span>

Conservation in Australia is an issue of state and federal policy. Australia is one of the most biologically diverse countries in the world, with a large portion of species endemic to Australia. Preserving this wealth of biodiversity is important for future generations. 25% of Australia is managed for conservation.

<span class="mw-page-title-main">Nature reserve</span> Protected area for flora, fauna or features of geological interest

A nature reserve is a protected area of importance for flora, fauna, funga, or features of geological or other special interest, which is reserved and managed for purposes of conservation and to provide special opportunities for study or research. They may be designated by government institutions in some countries, or by private landowners, such as charities and research institutions. Nature reserves fall into different IUCN categories depending on the level of protection afforded by local laws. Normally it is more strictly protected than a nature park. Various jurisdictions may use other terminology, such as ecological protection area or private protected area in legislation and in official titles of the reserves.

<span class="mw-page-title-main">Tasmanian Wilderness World Heritage Area</span> UNESCO World Heritage Site in Tasmania

The Tasmanian Wilderness World Heritage Area, abbreviated to TWWHA, is a World Heritage Site in Tasmania, Australia. It is one of the largest conservation areas in Australia, covering 15,800 km2 (6,100 sq mi), or almost 25 per cent of Tasmania. It is also one of the last expanses of temperate wilderness in the world, and includes the South West Wilderness.

<span class="mw-page-title-main">Greening Australia</span>

Greening Australia is an Australian environmental organisation, founded in 1982, the International Year of the Tree, to protect, restore and conserve Australia's native vegetation. Greening Australia was formed by the United Nations Association of Australia and the Nursery Industry Association of Australia.

<span class="mw-page-title-main">Tarkine</span> Region in Tasmania, Australia

The Tarkine, officially takayna / Tarkine, is an area containing the Savage River National Park in the north west Tasmania, Australia, which contains significant areas of wilderness. The Tarkine is noted for its beauty and natural values, containing the largest area of Gondwanan cool-temperate rainforest in Australia, as well as for its prominence in Tasmania's early mining history. The area's high concentration of Aboriginal sites has led to it being described by the Australian Heritage Council as "one of the world's great archaeological regions".

<i>Environment Protection and Biodiversity Conservation Act 1999</i> Environmental law in Australia

The Environment Protection and Biodiversity Conservation Act 1999(Cth) is an Act of the Parliament of Australia that provides a framework for protection of the Australian environment, including its biodiversity and its natural and culturally significant places. Enacted on 17 July 2000, it established a range of processes to help protect and promote the recovery of threatened species and ecological communities, and preserve significant places from decline. The Act is as of June 2020 administered by the Department of Agriculture, Water and the Environment. Lists of threatened species are drawn up under the Act, and these lists, the primary reference to threatened species in Australia, are available online through the Species Profile and Threats Database (SPRAT).

<span class="mw-page-title-main">Tasmania Parks and Wildlife Service</span> Government body of Tasmania, Australia

Tasmania Parks and Wildlife Service is the government body responsible for managing protected areas of Tasmania on public land, such as national parks, historic sites and regional reserves. Historically it has also had responsibility for managing wildlife, including game.

<span class="mw-page-title-main">Wielangta forest</span> Forest in Tasmania, Australia

The Wielangta forest is in south-east Tasmania, Australia. It is notable for its role in a 2006 court case that called into question the effectiveness of Australia's cooperative Commonwealth-State forest management regime known as Regional Forest Agreements.

<i>Threatened Species Protection Act 1995</i> Act of the Parliament of Tasmania, Australia

The Threatened Species Protection Act 1995, is an act of the Parliament of Tasmania that provides the statute relating to conservation of flora and fauna. Its long title is An Act to provide for the protection and management of threatened native flora and fauna and to enable and promote the conservation of native flora and fauna. It received the royal assent on 14 November 1995.

<span class="mw-page-title-main">Bush Heritage Australia</span>

Bush Heritage Australia is a non-profit organisation with headquarters in Melbourne, Australia, that operates throughout Australia. It was previously known as the Australian Bush Heritage Fund. Its vision is: Healthy Country, Protected Forever.

<span class="mw-page-title-main">Australian Wildlife Conservancy</span> Australian not-for-profit organisation

The Australian Wildlife Conservancy (AWC) is an Australian independent, nonprofit organisation, working to conserve threatened wildlife and ecosystems in Australia. This is principally achieved through the acquisition of extensive areas of land on which to establish conservation reserves ("sanctuaries") or by entering into partnerships with government, Indigenous groups, and private landholders to manage landscapes for effective conservation. AWC is the largest private owner and manager of land for conservation in Australia, currently managing 31 sanctuaries and partnership sites for wildlife conservation that cover over 6.5 million hectares of land across Australia.

<span class="mw-page-title-main">Environmental movement in Australia</span>

Beginning as a conservation movement, the environmental movement in Australia was the first in the world to become a political movement. Australia is home to United Tasmania Group, the world's first green party.

<span class="mw-page-title-main">National Reserve System</span> Protected area in Australia

Australia's National Reserve System (NRS) is a network of more than 10,000 Commonwealth plus state and territory protected areas which, in combination, on a national scale, protect more than 137 million hectares, greater than 17% of the continent, of unique biodiversity and most significant ecological landscapes for future generations. The aim of the NRS is protect the diversity of all native landscapes, flora and fauna across Australia through strategic habitat protection. It consists of public, indigenous and privately protected areas of land and inland freshwaters.

The Tasmanian Land Conservancy (TLC) is a non-profit, non governmental organisation that acquires and manages land in Tasmania, Australia, protecting important natural places for biodiversity conservation. It was established in June 2001. As of 2009 the organisation claimed to have protected over 16,000 hectares of land in 144 reserves, and owned about 2,000 hectares directly, including the Vale of Belvoir, the montane grassland habitat of many marsupial carnivores, and Recherche Bay. As at January 2016, TLC had reportedly protected 65,000 hectares, and was a $30 million organisation.

<span class="mw-page-title-main">Trust for Nature</span>

Trust for Nature is a not-for-profit organisation in the Australian state of Victoria which protects native plants and wildlife in co-operation with private landowners. The Trust was established under the Victorian Conservation Trust Act 1972 to enable people to contribute permanently to nature conservation by donating land or money. Trust for Nature has since evolved into one of Victoria's primary private land conservation organisations.

<span class="mw-page-title-main">Mount Misery (Tasmania)</span> Mountain in Tasmania

Mount Misery is the dominant feature overlooking Huonville in southern Tasmania. With an elevation of 690 metres (2,260 ft), it is typical of most of the peaks surrounding Huonville; but its location on a bend of the Huon River makes it the dominant feature in many tourist photos.

References

  1. The Natural Resource Management Ministerial Council (2009), Australia's Strategy for the National Reserve System 2009-2030 (PDF), Wikidata   Q107258167
  2. https://d3n8a8pro7vhmx.cloudfront.net/edonsw/pages/113/attachments/original/1420601095/150107_Guide_to_Private_Conservation.pdf [ bare URL PDF ]
  3. "Two Rivers Catchment Reserve". www.wildlifelandtrust.org.au. Retrieved 24 June 2021.
  4. James A. Fitzsimons (3 February 2015). "Private protected areas in Australia: current status and future directions" (PDF). Nature Conservation . 10: 1–23. doi: 10.3897/NATURECONSERVATION.10.8739 . ISSN   1314-3301. Wikidata   Q57270770.
  5. "Department of Agriculture, Water and the Environment: National Reserve System protected area requirements". Department of Agriculture, Water and the Environment. Retrieved 23 June 2021.
  6. "Protected Areas and Conservation | NSW State of the Environment". www.soe.epa.nsw.gov.au. 2018. Retrieved 23 June 2021.
  7. 1 2 3 4 5 6 7 8 New South Wales Government NSW legislation. 2016 Biodiversity Conservation Act 2016. Retrieved 23 June 2021.
  8. 1 2 3 4 5 "Public register of private land conservation agreements | BCT". www.bct.nsw.gov.au. Retrieved 22 June 2021.
  9. "Mining Act 1992". New South Wales Consolidated Acts. Retrieved 23 June 2021.
  10. "Petroleum (Onshore) Act 1991". New South Wales Consolidated Acts. Retrieved 23 June 2021.
  11. "BCT: Public Register - 31122020.xlsx" (PDF). Biodiversity Conservation Trust. Retrieved 23 June 2021.
  12. 1 2 3 Victorian Conservation Trust Act 1972 , retrieved 24 June 2021
  13. "Trust for Nature: About us" . Retrieved 24 June 2021.
  14. 1 2 3 4 Trust For Nature (2021). Conservation Bulletin (PDF). Vol. 73. Retrieved 24 June 2021.
  15. "Nature Conservation Act 2002". www.legislation.tas.gov.au. Retrieved 24 June 2021.
  16. "Conservation Covenant Programs | Tasmanian Land Conservancy". tasland.org.au. Retrieved 24 June 2021.
  17. "About Us | Tasmanian Land Conservancy".
  18. "Protect Kelvedon Hills | Tasmanian Land Conservancy". tasland.org.au. Retrieved 24 June 2021.
  19. "Tinderbox Hills Reserve | Tasmanian Land Conservancy". tasland.org.au. Retrieved 24 June 2021.
  20. "Prosser River Reserve | Tasmanian Land Conservancy". tasland.org.au. Retrieved 24 June 2021.
  21. "The Big Punchbowl Reserve | Tasmanian Land Conservancy". tasland.org.au. Retrieved 24 June 2021.