Chapter 7

Tasmania has extraordinary natural assets – in terms of its stunning scenery, its wilderness and its unique biodiversity.

In the past, areas were set aside in conservation reserves principally to protect landscapes and to provide recreation opportunities. However, in recent years there is far more focus on protection of Tasmania’s unique biodiversity – much of which exists outside of our national parks and reserves system.

Chapters 7 to 11 deal with nature conservation issues in a variety of environments – from world heritage areas to offshore marine habitats.

• This Act regulates the conservation and protection of flora, fauna and geological diversity within Tasmania; classifies reserved lands in Tasmania and establishes values & objectives for each reserve class and provides for conservation covenants and reservation of private lands.

This legislation is administered by DPIPWE.

• This Act ensures that reserves are managed in accordance with the management objectives for each reserve class and provides for the development and implementation of management plans for reserved land. Draft management plans are reviewed by the Tasmanian Planning Commission.

The National Parks & Reserves Management Act is administered by the Parks & Wildlife Service. The Service is headed by a Director who has explicit statutory functions.

The Act also establishes the National Parks & Wildlife Advisory Council. This provides a forum for consultation over significant policy issues relating to national parks or wildlife management.

• These regulate what land uses and activities are permitted within national parks and reserves.

• These control the general management and conservation of flora and fauna throughout Tasmania.

Both sets of Regulations include wide-ranging rules and offences – such as carrying of firearms, harming flora and fauna etc – with corresponding enforcement provisions and penalties for infringements. The Regulations also make provision for permits and licences to enable certain controlled activities to take place.

National parks rangers (as well as police officers) have powers to confiscate materials and apprehend and arrest people who commit offences under these provisions.

The Director of Parks and Wildlife is an important position, which carries responsibility for implementation of the National Parks & Reserves Management Act and for managing all public reserved land (unless another managing body is appointed by the Governor).

Day to day, on-ground management of parks and reserves is carried out by the Parks & Wildlife Service.

The Director is not the managing authority for freehold reserves such as Private Sanctuaries and Private Nature Reserves, unless specifically appointed and with the landowners’ consent.

The Parks and Wildlife Service also co-manages marine parks with the Marine Resources Branch of DPIPWE (☞ Go to Chapter 9 for information).

Activities and developments within the parks system are controlled through the following mechanisms:

The Nature Conservation Act and the National Parks & Reserves Management Act and the accompanying Regulations prohibit a range of general activities and impose controls on a range of other activities (see above).

National parks and reserves are set aside for many different purposes, including species protection, recreation and landscape protection.

The categories of Tasmania’s various conservation reserves have now been streamlined, largely based on the international IUCN model. Under this system, Tasmania has the following different types of reserves on public land.

In addition, there are two types of reserve categories for private land under the Nature Conservation Act:

• Private Nature Reserves
• Private Sanctuaries.

In addition to 19 national parks, Tasmania has over 400 established reserves that are managed by the Parks and Wildlife Service. A number of new marine reserves were declared in 2009. You can download a complete list of all reserves by clicking HERE.

Each of the different categories of reserves offers different level of protection. Each category specifies management objectives for that reserve type and particular activities that are allowed (or not allowed) to take place within that class of reserve.

You can see more about the status of each reserve type at this website.

One area of specific contention in relation to activities in reserve areas is mining (☞ Go to Chapter 11).

Mining can take place in reserves that are classed as ‘Regional Reserves’, ‘Conservation Areas’, ‘Nature Recreation Areas’, Public Reserves and Forest Reserves. Mining is prohibited within National Parks unless specifically provided for in a management plan (see below). To date no National Park management plans have allowed for mining.

Under the National Parks & Reserves Management Act the Director of Parks & Wildlife may draw up a Management Plan for any reserve, in consultation with the Secretary of the Department administering the Nature Conservation Act (currently DPIPWE).

The Regional Forest Agreement 1997 required that all public reserves have a Management Plan by December 2003. While this has been mostly met, management plans remain outstanding for a number of reserves.

Management Plans are important to the public, because they set out the specific activities and developments that may or may not take place within each particular reserve, the responsible authority, management objectives and any licensing issues. The management plan also applies to activities undertaken by the Parks and Wildlife Service itself.

Management Plans are the main opportunity for the public to have input into how their parks and reserves will be managed.

Draft Management Plans for public reserves must be released for public exhibition for at least 30 days, and any person can make a representation about the proposed plan. All representations are forwarded to the Commission which will consider all the issues raised (and may hold public hearings). The Commission then must present a report to the Minister making recommendations about the management plan. The Minister will present the Management Plan (with or without amendments) to the Governor for approval.

Once a Management Plan is approved it will be reviewed in the timeframe set out in the plan – normally every 10 years.

You can inspect reserve management plans (both draft and approved ones) at National Parks offices, download them HERE, or buy them from Service Tasmania centres.

You must not operate a commercial business of any kind within parks and reserves without first obtaining a business licence from the Minister. This includes businesses which hire equipment, provide guided tours, sell food or undertake commercial filming or photography.

☞ Click HERE to see Parks and Wildlife Service requirements for business licences.

The approval process for development works on reserved lands (including National Parks) has been a cause for concern since 2000, and remains unresolved. A Draft Planning Directive was prepared in 2003 to help guide assessment of development proposals in reserve areas, but the Directive was never finalised.

In practice, any proposed development (other than small licensed business activities) in a national park or reserve will be subject to the standard planning process (☞ see Chapter 5). However, planning decisions must not conflict with the management plan for the protected area. Developments must also be consistent with the Objectives of the Resource Management and Planning System.

For developments in the World Heritage Wilderness Area, proposed developments will be subject to the impact assessment procedures in the TWWHA Management Plan (see below).

The lack of clarity about the interaction of national parks and reserve management systems with the standard development process has caused some confusion in the past, highlighted by controversy over the approval process for a proposed development at Pumphouse Point, Lake St Clair.

Development inside national parks and reserves such as infrastructure, roading and tourist accommodation tends to be controversial because of the potential to detract from the natural character of the park and threaten its ecological integrity.

• Go the relevant local council and see what the Planning Scheme provides for in the area. You have the right to prompt a review of a Planning Scheme if you have a legitimate concern over its content.

• If a Management Plan is in the process of being developed for the reserve, the public must be invited to comment. Take this opportunity to have a say as there are few opportunities for public input once the plan is approved.

• If a Management Plan has already been approved for the reserve, become familiar with it and help to ensure that it is complied with. Click HERE to see current management plans.

Note: Management Plans for reserves may allow use or development of the land other than in accordance with the provisions of the National Parks & Reserves Management Act - provided this departure is agreed by both Houses of Parliament (see section 27).

• The Minister can issue a licence or lease which allows buildings to be built on reserved lands for tourist accommodation and related facilities, provided such a development would be consistent with the management objectives for that land and “any applicable management plan” (see section 48). If you believe that a building is not consistent with these documents, contact the Minister.

• Note that in the event a Management Plan would have to be altered in order to enable a development to take place, this can only be done through the statutory review process. It is important to keep an eye out for public notices inviting public input.

• If an application for a proposed development is made to the local council, the public will be given an opportunity to make representations and can appeal to the Tribunal against the Council’s decision (☞ see Chapter 5).

Unlike some other jurisdictions, Tasmania has no specific ‘Wilderness Act’, nor any particular wilderness class of reserve. However, wilderness protection is a stated objective for the management of national parks and wilderness features are generally protected under the management plan for a particular park.

If you suspect any infringement of parks or wildlife regulations (such as lighting of illegal fires, taking wildlife or carrying firearms within a reserve area) you should immediately contact the nearest National Park station or a police officer in the area.

Because Australia is a signatory to international treaties in relation to world heritage, the Constitution gives the Commonwealth government control over World Heritage Areas. These powers are generally exercised through the Environment Protection and Biodiversity Conservation Act 1999, known as the EPBC Act. (☞ Go to Chapter 15 for information about this important national law.)

Under the EPBC Act, approval is required for any development or activity that could have a significant impact on the values of a world heritage area. The federal Environment Minister can require comprehensive impact assessments to be carried out before issuing an approval under the Act.

For developments in the Tasmanian Wilderness World Heritage Area, the impact assessment process for Major Projects set out in the Management Plan will need to be followed. An impact assessment must be carried out subject to advice from the Consultative Committee made up of Federal and State members. The assessment report will then be released for public comment for at least one month before the Minister decides whether to approve the proposed development.

Developments outside the World Heritage area which may impact on the values of the area may still need to be assessed under the EPBC Act. Depending on the nature of the development, the Minister can follow the impact assessment procedures under EMPCA (☞ see Chapter 6), the State Policies and Projects Act (☞ see Chapter 5) or the EPBC Act (☞ see Chapter 15).

The Federal Minister also has broad powers under the EPBC Act to revoke a development permit if the conditions are not met, or to seek an injunction if an unauthorised activity or proposed activity threatens the integrity of a World Heritage Area.

In practice, Tasmania’s two World Heritage Areas (Western Tasmania and Macquarie Island) are protected and managed on a day-to-day basis through reservation of those areas under Tasmania's National Parks and Reserves Management Act (see above, this chapter) and by Management Plans and other arrangements agreed to jointly by both federal and state ministers.

You should lobby both state and federal governments – because they carry joint responsibility.

It is very important for the public to report any threatening activities or developments to both Ministers and their agencies (the federal Department of Environment, Water, Heritage and the Arts and the Tasmanian Parks and Wildlife Service). When you report an issue, make sure that you request that the matter be investigated and action taken to address the impacts.

Under the EPBC Act, any ‘interested person' may be able to take legal action to stop or prevent people, companies, a State or the Commonwealth from carrying out unlawful activities within the World Heritage Area. (☞ Go to Chapter 15 for more information.)

In December 2000, Dr Carol Booth, a North Queensland conservationist, assisted by EDO Queensland, sought an injunction under the EPBC Act, to restrain a fruit farmer from killing large numbers of Spectacled Flying Foxes through the use of electrical grids.

Expert evidence suggested that the flying foxes roost in the adjacent Wet Tropics World Heritage Area. The farmer did not have approval under the EPBC Act for the action of killing flying foxes.

In October 2001, Justice Branson in the Federal Court granted Dr Booth an injunction, having found that the killing of large numbers of Spectacled Flying Foxes on the farm was likely to have a significant impact on the World Heritage values of the Wet Tropics World Heritage area.

The court explained that ‘significant impact’ in the EPBC Act meant an “impact that is important, notable or of consequence having regard to its context or intensity”. This definition allowed the Court to consider the use of electrical grids, not just in isolation, but as a cumulative impact added to other reasons for the overall mortality of the species.

While the Court did give consideration to the financial detriment to the fruit farmer due to the injunction, it was noted that this factor was something that would rarely prevail over the protection of World Heritage values.

Tasmania currently has numerous wetlands in various states of protection. Ten of them have been listed on the international Ramsar listing. Ramsar wetlands are recognised as a matter of national environmental significance under the EPBC Act's assessment and approval provisions.

A person must not take an action that has, will have, or is likely to have, a significant impact on the ecological character of a Ramsar wetland, without approval from the Commonwealth Environment Minister. To obtain approval, the action must undergo a rigorous environmental assessment and approval process.

☞ Go to DPIPWE website (click HERE) for information about Tasmania's wetlands.

☞ Click HERE for information about Tasmania's water laws.

☞ Go to Chapter 15 for information about the federal EPBC Act.

Previously, the Register of the National Estate acted as a list of heritage places to be protected in Australia. This Register has been frozen and inclusion of a place in the Register no longer offers any direct protection of heritage values for the place. However, the list will be available from the Australian Heritage Commission until February 2012 as a useful guide to heritage values.

Heritage values in Tasmania are now mainly protected under State heritage laws, in Planning Schemes and, for those places having high national significance, through Commonwealth laws (☞ Go to Chapter 12 for more information).

1. Vegetation Clearance Controls

• Property owners generally need to obtain approval before large scale clearing of native vegetation. (☞ Go to Chapter 8).

2. Environmental agreements / Part V Agreements

• When developments are being approved, property owners can be required to enter into binding agreements
  (☞ Go to Chapter 5)

3. Private reserves

• Landowners can choose to have their land declared as a reserve under the state’s reserve system (see above).

4. Land covenants

• Landowners may enter into conservation covenants to protect their land.

Conservation covenants are attached to land titles, and place legal restrictions on the holder of the title. Covenants are a good way to ensure that biodiversity on private land is protected. They provide binding protection for natural values on that land now and in the future.

Under the Nature Conservation Act 2002 conservation covenants can include any provisions, including restrictive covenants (that prevent particular activities) and positive covenants (that require particular actions to be taken). The conditions of a covenant (including an associated Management Plan) are worked out jointly by the landowner and DPIPWE.

1. Protected Areas on Private Land program

• This program develops and administers covenants for a wide range of nature conservation values.

• This program is administered by DPIPWE, with support from organisations such as the Tasmanian Land Conservancy, the Tasmanian Farmers and Graziers Association.

2. Forest Conservation Fund

• Landowners apply through a tender process for assistance to place covenants on areas of old growth and under-reserved forests on private land.

• This fund is administered by the federal Department of Environment, Water Heritage and the Arts (Click HERE to see information.)

In general, covenanted land is not subject to land tax and landowners may be eligible for certain compensation payments if they enter into one.

For covenants supported by Commonwealth funding, Commonwealth consents must be obtained for any amendments or revocations of such covenants.

Yes. Any landowners can volunteer to enter into conservation covenants, provided the land has conservation values that can be viable in the long term.

In some situations, covenants can be imposed on landowners to protect threatened species and vegetation communities.

Most importantly, if you apply for a Private Timber Reserve and your application is refused because of the natural values of your land, the Minister can order you to enter into a conservation covenant to protect those values. You will be paid compensation for any losses associated with the covenant (e.g. because you cannot carry out logging activities on the property - see Section 33 of the Nature Conservation Act).

Once a covenant is in place, a landholder can be prosecuted for not complying with the terms of the covenant (maximum fine $13,000). However DPIPWE prefers to avoid prosecutions by maintaining positive ongoing relationships with landowners.

• Parks and Wildlife Service (Website)
  134 Macquarie Street, Hobart. GPO Box 44A Hobart 7001
  Hobart Ph: 6233 8011 Fax: 6233 3477.
  Launceston: Ph: 6336 5312.
  

• Parks and Wildlife regional offices Contacts

• Tasmanian National Parks Association: (Website)
  GPO Box 2188 Hobart Ph: 0427 854 684

• The Wilderness Society: (Website)
  HOBART: 130 Davey Street, Hobart, Tas, 7000 Ph 03 6224 1550 Email: hobart@wilderness.org.au
  LAUNCESTON: 180 Charles Street, Launceston, Tas, 7250 Ph:03 6331 7488 Email: launceston@wilderness.org.au

• Environment Tasmania: (Website)
  PO BOX 1073 Hobart, Tas 7001
  Ph: (03) 6224 6319 Mobile 0428 554 934
  Email: office@envirotas.org
  

• Tarkine National Coalition:
  (Website)
  PO BOX 218 Burnie 7320 Ph: 6431 2373

• Protected Areas on Private Land Program: DPIW (Website)
  Phone: 03 6233 2808, Fax: 03 6223 8603
  Email: PrivateLandConservation.Enquiries@dpiw.tas.gov.au

• Tasmanian Land Conservancy: (Website)
  PO Box 2112 Lower Sandy Bay 7005
  Ph: 03 6225 1399 Fax 03 6225 1394
  Email: info@tasland.org.au

• Bush Heritage Australia:
  Email: info@bushheritage.org.au

• Tasmanian Farmers and Graziers Association: (Website)
  Cnr Charles & Cimitiere Streets
  PO Box 193, Launceston, Tasmania 7250
  Phone 1800 154 111 (Freecall) Fax (03) 6331 4344

• Crown Lands Act 1976
• Forestry Act 1920
• National Parks & Reserves Management Act 2002
• Nature Conservation Act 2002
• Regional Forest Agreement (Land Classification) Act 1998
• National Parks and Reserved Land Regulations 2009
• Wildlife Regulations 1999
• EPBC Act (Commonwealth)

Thanks to continental drift, receding ice caps and the protection that Bass Strait gives, Tasmania is home to a wonderful array of unique species of plants and animals.

Since European arrival, the state has suffered a high rate of species and habitat loss from a variety of causes, including urban expansion, forestry, fishing, agriculture and hunting.

To date, known extinctions include one mammal, three bird species, eight invertebrates and 32 plant species. Over 650 known Tasmanian plants and animal species are endangered, vulnerable or rare. Similarly, a significant proportion of habitats – wetlands, forest, lakes, heathlands – have been either totally obliterated or severely altered.

The rapid decline in viable populations of the Tasmanian Devil highlights the vulnerability of species that have been thought to be safe.

This rather dire situation has prompted the passage of ‘species protection’ laws in recent years. Consequently, three important processes now govern biodiversity issues in Tasmania.

The Parks & Wildlife Service (via the Wildlife Regulations 1999) has general jurisdiction over flora and fauna management throughout the state – regardless of land tenure. This includes flora and fauna on public land, private land and logging areas as well as national parks and reserves.

However, whilst these Acts give the Parks & Wildlife Service responsibility for looking after dolphins, whales and seals, other sea creatures (fish and other non-mammals) are managed under different Acts and by other agencies. (☞ Go to Chapter 9)

The legislation classifies fauna and flora species according to their survival needs – specially protected, protected and partly protected. There are a wide range of offences for taking, trading, exhibiting (such as in a wildlife park) or harming protected species without a permit.

The National Parks and Reserves Management Act protects fauna and flora within National Parks and State Reserves. The management plan for a reserved area can make it an offence to disturb or interfere with any wildlife or plant in the reserve.

The Parks & Wildlife Service manages the harvesting of non-threatened native fauna (such as wallabies) through the issuing of licences and declaration of open and closed hunting seasons (for species such as ducks and shearwaters).

The Wildlife Regulations set out the rules for taking partly protected fauna, including licensing requirements. For instance, duck hunters are required to produce a duck ID certificate, showing knowledge of different duck species, before they can obtain a licence.

Where native species are harvested for overseas export (such as possum skins, sphagnum moss, shearwaters and tree ferns), the Commonwealth government exercises additional legal controls (☞ see Chapter 4).

Special provision has been made in the Nature Conservation Act 2002 for people of Aboriginal descent. Aboriginal people are able to undertake cultural activities (including hunting and fishing for personal use), provided the Minister is satisfied that the activities do not have a detrimental effect on species protection (see Section 73).

• you have a permit from the Parks & Wildlife Service

• you comply with the permit conditions

• an 'open season' has been declared on the species

• the species was harmed as an unavoidable consequence of performing an activity authorised by an Act of Parliament (roading, commercial logging)

• you harmed a threatened species by accident or by reason of an honest and reasonable mistake

• in cases where an interim protection order has been declared, you have the written authority of the Minister

This Act sets out special protection measures for native animals and plants that are considered to be ‘threatened’. Breaches of the Act can result in much higher penalties than a breach of the Wildlife Regulations described above.

Species declared as threatened (including marine mammals and fish as well as terrestrial flora and flora) are listed in the schedules of the Act according to the nature of their threatened status.

• Endangered: - extinct or in danger of extinction (Schedule 3)

• Vulnerable: - likely to become endangered (Schedule 4)

• Rare: - a small population that is not immediately vulnerable but is still at risk (Schedule 5)

By way of example, the forty spotted pardalote is listed as ‘endangered’, whilst the giant freshwater crayfish is listed as ‘vulnerable’.

The Secretary of the Department of Primary Industries, Parks, Water and Environment carries responsibility for ensuring that the Act is implemented, though a number of key decisions are ultimately at the discretion of the Minister.

A species is listed by the Minister, after receiving a recommendation from the Scientific Advisory Committee (SAC). This is an advisory body established under the Act and is made up of 7 members with special knowledge and experience in flora and fauna ecology.

The advisory committee has a key role in recommending to the Minister:

• whether a species should be listed or not listed and under what category.

• the status of habitats and their protection needs.

• threatening processes, and action that is needed to minimise their impacts on species and habitats.

There are two avenues for listing or delisting species under the Act:

The Scientific Advisory Committee may of its own motion, or from regular review, make a recommendation to the Minister that a species be included in, or removed from, the threatened species list. The Minister can then make an order including the species, removing the species or amending the listing for the species.

Notice is given to the public of the Minister’s order and any person can appeal to the Tribunal to challenge the decision (sections 13(5) and 14). (☞ Go to Chapters 4 and 14 for information about the appeal process).

Any person may nominate flora or fauna which they consider should be added to (or removed from) the threatened species lists.

The SAC has a duty to advertise the nomination and consider all public comment made within specified time limits. If a nominated species is rejected, the SAC must notify the Minister and give reasons for the rejection.

The Minister may then decide (section 21) about the listing and must publish his/her decision. There is no appeal to the Tribunal from this decision, but you may be able to challenge the decision under the Judicial Review Act.

(For more detailed information on the process for listing or delisting species, click HERE).

In five principal ways:

• Preparing a statewide strategy for the conservation of threatened species in Tasmania: The Threatened Species Strategy

• Preparing listing statements and implementing species recovery plans and threat abatement plans for particular species

• Implementing land management plans (including special agreements with landowners and public bodies such as Forestry Tasmania)

• Declaring interim protection orders

• Declaring critical habitats (Habitats are protected in much the same ways that individual species)

Various procedures and time limits are set out in the Act for these actions. There are opportunities for public comment in relation to decisions to list species, developing recovery and management plans and declaring critical habitats. Landowners and others who are financially affected by decisions may be able to apply to the Minister for financial compensation.

In theory, Tasmania’s Threatened Species legislation provides all the tools necessary to protect the State’s species and habitats. However, its implementation has been very slow and the Act has yet to prove that in practice that it will successfully do what it sets out to do. At the time of writing no Interim Protection Orders or Critical Habitats had been declared.

If a species is listed as threatened then it is prohibited to ‘take’ it without a special permit (see section 51 of the Threatened Species Protection Act).

To ‘take’ is defined in the Act as to: “kill, injure, catch, damage, destroy or collect” and may also include the destruction of habitat.
A person or corporation can apply to the Secretary of DPIPWE for a permit under the Act to take a threatened species or to take an action that is likely to result in harm.

It is also an offence to take or harm a species or habitat if an interim protection order has been declared for that particular species or habitat. The maximum penalty is $13,000. However, a permit may be issued to a landholder to undertake an activity on land that is subject to a protection order.

A person who takes a species without a permit or who contravenes an interim protection order is liable to prosecution under Sections 36 and 51.

This is the all important national law - the Environment Protection and Biodiversity Conservation Act 1999 - described in more detail in Chapter 15.

The Federal government has international obligations to protect Australia’s threatened biodiversity. The EPBC Act provides some legal avenues to protect species and ecological communities that are nationally threatened. These provisions operate in parallel with Tasmanian state law, described above, and have many similar features.

Similar to the Tasmanian Threatened Species legislation, the EPBC Act lists species under various categories – ‘extinct’, ‘extinct in the wild’, ‘critically endangered’, ‘endangered’, ‘vulnerable’ and ‘conservation dependent’.

An entire ecological community can be listed, as can a ‘critical habitat’ or a ‘key threatening process’. Any person can nominate a threatened species, ecological community or a ‘key threatening process’ for listing.

The federal Environment Minister makes the final decisions on listings after considering advice from a Federal Scientific Committee.

Once a species or ecological community is listed, the EPBC Act offers the following protections:

• requiring the assessment and approval of proposals that are likely have a significant impact upon a threatened species, an ecological community or a migratory species

• requiring permits for actions in a Commonwealth area that involve the killing, injuring or taking of a listed threatened species, or ecological community

• recovery plans, threat abatement plans and wildlife conservation plans can be developed and implemented for the species. Activities that are inconsistent with these plans should not be approved

Heavy penalties (up to $660,000 for an individual or $6.6 million for a company) may be imposed on a person who takes an action anywhere in Australia which is likely to have a significant impact on a nationally listed species or ecological community without an exemption or approval.

Any activity (such as new developments or an expansion of an existing development) which is likely to have a ‘significant’ impact on a nationally threatened species or ecological community must be referred to the federal Environment Minister.

If you are concerned about any development, you should make sure that the developer has made a referral under the EPBC Act. If not, you can bring the development to the attention of the Environment Minister and request that it be ‘called in’.

Once a development or activity has been referred to the Minister, he/she must then decide whether it is likely to have a significant impact and, if so, what level of environmental impact assessment is required. The public are given an opportunity to comment on these matters before the Minister makes a decision.

(☞ Go to Chapter 15 for more information about this process)

Part 13A of the EPBC Act sets out rules for the export and import of listed species. Significant penalties can be imposed for exporting or importing regulated species without a permit, or in breach of the permit conditions.

It is also an offence to kill, injure, take or trade a cetacean (whale, dolphin or porpoise) in the Australian Whale Sanctuary. The Australian Whale Sanctuary extends to the boundary of Australia’s exclusive economic zone, which is up to 200 nautical miles from the coast of Australia. It does not generally include coastal waters up to the three nautical mile limit.

• The first thing to do is to find out from the Department of Environment, Water, Heritage and the Arts if the EPBC Act applies to the situation (Freecall 1800 803 772).

• If the EPBC Act applies, report your concerns promptly by writing to the Compliance and Enforcement Unit and request that they investigate the issue.

• Make submissions to the Environment Minister in relation to any development which may have a significant impact on threatened species.

• In some circumstances, you may be able to challenge an approval in the Federal Court or seek an injunction to stop an unauthorised activity that will have a significant impact on threatened species.

☞ Go to Chapter 15 for more information about federal laws and how to take action.

Information, showing how the EPBC Act works, can be obtained from the Department of Environment, Water, Heritage and the Arts website: Click HERE.

This site also provides handy lists of threatened species, ecological communities, migratory birds and key threatening processes.

• Department of Environment, Water, Heritage and the Arts: (Website)
  GPO Box 787, Canberra 2601 Ph: (02) 6274 1111 Fax: (02) 6274 1123.
  Community Information Unit: Ph: (Freecall) 1800 803 772
  Email: ciu@environment.gov.au

• Federal Environment Minister: Minister for the Environment
  c/o Parliament House, Canberra 2601 Ph: (02) 6277 7640 Fax: (02) 6273 6101

• Environmental Defenders Office: Website: (Website)
  131 Macquarie Street, Hobart 7000 Ph: 6223 2770 Fax: 6223 2074
  Email: edotas@edo.org.au

• Environment Protection and Biodiversity Conservation Act 1999

You can download Commonwealth Acts from http://www.austlii.edu.au or http://www.comlaw.gov.au

Any person who keeps animals, owns animals or looks after animals (whether pets, livestock or animals used for entertainment) has an obligation to protect their welfare. The principal piece legislation dealing with this issue is the Animal Welfare Act 1993 (the AWA), which was comprehensively reviewed in 2008. The Act makes it an offence to do anything reasonably likely to result in unreasonable or unjustifiable pain or suffering to an animal in your care.

The Act is administered by the Department of Primary Industries, Parks, Water and Environment (DPIPWE).

Under the AWA, a person is taken to have the “care or charge” of an animal if the person:

• is the owner of the animal;
• has control, possession or custody of the animal;
• operates or manages premises where the animal is held for commercial purposes (for example, a kennel or pet shop); or
• is the owner, operator or manager of the land where the animal is being agisted (unless a different agreement has been reached in writing); or
• is a share farmer; or
• is a responsible officer of a company that owns the animal.

In some circumstances, an employer will be held responsible for an employee’s cruelty if it is shown that the employee was acting on the employer’s instructions (see s.48A).

Where this section refers to the ‘owner’ of an animal, it includes any person who has care or charge of the animal.

It is an offence under s.8(1) of the AWA to “do any act, or omit to do any duty, which causes or is likely to cause unreasonable and unjustifiable pain or suffering to an animal.” Harsher penalties apply for “aggravated cruelty”, where the cruelty results in the death or serious disablement of the animal (see s.9).

The AWA also outlines a number of general care requirements, including:

• not wounding, mutilating, torturing, overworking, abusing, tormenting or terrifying an animal (s.8(2)(a))
• not overloading or overcrowding animals (s.8(2)(b)). Please note, the Animal Welfare Regulations set out minimum space requirements for keeping caged chickens.
• not transporting an animal in a way that causes unreasonable and unjustifiable pain or suffering (s.8(2)©)
• ensuring a work animal is fit for the work (including farm work or providing rides to children (s.8(2)(d))
• providing “appropriate and sufficient” food, drink, shelter and exercise to any animal unable to provide for itself (s.8(2)(e)). This means owners must provide sufficient food and drink to maintain the animal in reasonable body condition, allow the animal to grow and reproduce and to remain hydrated. Shelter provided for an animal must be sufficient to protect the animal from bad weather
• not abandoning an animal usually kept as a domestic pet (s.8(2)(f)). You are taken to abandon an animal if you leave it without ensuring that another person will immediately take over care of the animal.
• ensuring a sick or injured animal is provided with appropriate treatment (s.8(2)(g))
• not using electric shocks, spurs or similar sharpened appliances on an animal (s.8(2)(i) and (j))
• not administering animal toxic substances except for medical or research purposes, putting an animal down humanely, controlling a List A disease (for example, foot and mouth disease – see the Animal Health Act 1995) or controlling a pest animal with an approved poison (such as controlling wallabies with 1080 – see Chapter 10).

The Minister maintains a ‘Pest Register’ that identifies pest species and the substances which can be used to control them. You can download a copy of the latest Pest Register from the DPIPWE website.

DPIPWE also maintains a number of Animal Welfare Guidelines, which provide guidance on whether an action or inaction is likely to constitute ‘cruelty’. Guidelines currently exist in relation to the treatment of sheep, cattle, deer, goats, pigs, poultry, horses, emus and animals in saleyards, as well as management guidelines in relation to the following activities:

• Road Transport of Livestock within Tasmania
• Transport of Livestock across Bass Strait
• Trade and Transport of Calves
• Capture, Handling and Transport of Brush-tail Possums
• Wallaby Hunting
• Duck Hunting
• Intensive Husbandry of Rabbits

You can download a copy of any of the Guidelines here.

At present, these guidelines are not mandatory. However, it is likely that mandatory national standards and codes of practice in relation to animal farming, transportation and general welfare issues will be adopted in the near future.

The anti-cruelty provisions under the AWA do not generally apply to hunting activities, recreational or commercial fishing and angling, provided these activities are done in “a usual and reasonable manner” and without causing excess suffering (see s.4).

When mandatory codes of practice are adopted, exemptions may apply for activities carried out in accordance with those codes.

The AWA contains a number of offence provisions in relation to using animals as bait or breeding animals for fighting or hunting purposes (for example, using a live rabbit to induce greyhounds to race). Offences include:

• Using an animal to fight, bait, worry, kill or injure another animal;
• Releasing an animal from captivity for the purpose of being killed, worried or injured;
• Promoting activities in which captive animals are released for the purpose of being killed, worried or injured;
• Managing premises where animals fight, bait or injure other animals;
• Supplying animals for the purposes of training another animal (if the animal is likely to suffer) (s.10).

The Act also makes it an offence to trap animals using a leghold trap, glueboard trap or snare (unless you have an exemption from the Minister or a permit to use a mist net or a gillnet). This offence provision does not apply to box traps, cage traps and mousetraps (s.12).

Any person organising a rodeo in Tasmania must ensure the event is conducted in accordance with the Standards for the Care and Treatment of Rodeo Livestock (known as the Rodeo Code of Practice). Significantly, a veterinary surgeon must be present at any rodeo event and it is an offence to ride sheep, calves or goats (ss.11A-11C).

You can download a copy of the Rodeo Code of Practice here.

Any slaughtering of animals must be done in accordance with the Meat Hygiene Act 1985 and relevant Australian Standards for the slaughter of animals (AS 4696-2002) and poultry (AS 2265-2001). Those documents include requirements for the humane treatment of animals prior to slaughter.

It is an offence to kill protected native wildlife, unless subject to a licence issued under the Wildlife Regulations 1999 (see Chapter 7above).

Animal research may only be carried out at licensed facilities and in accordance with the NHMRC Code of Practice on the Care and Use of Animals for Scientific Purposes. You can download a copy of the Code here.

The AWA is enforced by officers appointed under the Act, including RSPCA inspectors, police officers and authorised officers within the Department.

In practice, if you have a concern about animal welfare issues, you should first contact the RSPCA. However, if the RSPCA inspector is not available, you can contact the police. Police officers are often not aware that they have powers in relation to animal cruelty, so you may need to refer the officer to the definition of ‘officer’ under the Animal Welfare Act. If the matter relates to farm animals, you should also contact the Animal Health and Welfare Branch within DPIPWE.

Officers have powers to enter premises to investigate a complaint, take photographs or video footage, confiscate animals or order medical treatment for an animal or examination by a vet. Officers can issue infringement notices (on-the-spot fines) if they are satisfied that a breach of the Act is being committed.

Offenders can also be prosecuted for offences. Penalties for cruelty offences include fines of up to $65,000 for a company and $13,000 or 12 months in prison for individuals. For aggravated cruelty offences, the penalties are up to $130,000 for a company and $26,000 or 18 months in prison for an individual.

There are currently no civil enforcement proceedings allowing third parties to take action against offenders themselves. If you are not satisfied with the response by the RSPCA, DPIPWE or the police to to your complaint, you can:

• Write to the head office of the RSPCA;
• Make a complaint to the Ombudsman regarding the RSPCA’s or DPIPWE’s failure to investigate your complaint (see Using the Ombudsman).
• Make a complaint under the Police Service Act 2003.

The animal protection group, Against Animal Cruelty Tasmania, is also interested to hear about failures by the RSPCA and the authorities to act on complaints of animal cruelty.

An excellent resource is The Handbook of Australian Animal Law by Malcolm Caulfield (2008). Copies are available from Animals Australia.

* Animal Welfare Community Legal Centre: (Website)
c/- Lady Barron Post Office, Flinders Island Ph: (03) 6359 2339
Email: animalwelfareclc@gmail.com

* RSPCA Inspectorate: Ph: 1300 139 947

* DPIPWE Animal Health and Welfare Branch: (Website)
Ph: (03) 6233 6875

* Against Animal Cruelty Tasmania: (Website)
Ph: (03) 6234 6229

* Animals Australia: (Website)
Ph: 1800 888 584

Land clearance for farming, forestry and bushland urban and fringe developments continues to be a key driver for loss of species, including animals, birds, insects and plants
(☞ see Tasmanian State of the Environment Report 2003).

In 2001 land clearance was recognised as a threatening process under the EPBC Act (☞ see Chapter 15).

Given the impacts of vegetation clearance, it is important to understand the rules controlling land clearing activities.

• The Planning Scheme for your area may regulate land clearing – check whether a permit is required. Many Schemes do not prohibit or regulate land clearing in rural residential or residential zones, even if some blocks adjoin native bush land.

• You should also check to see whether the Planning Scheme includes a ‘protected trees’ register.

• If you wish to clear more than 1,000 tonne or one hectare of trees, or any area of threatened native vegetation, you must generally apply to the Forest Practices Authority for certification of a Forest Practices Plan under the Forest Practices Act.
  

Recent changes to the Forest Practices Regulations have exempted clearing associated with buildings or associated development from the requirement to obtain a Forest Practices Plan. Therefore, Councils will be responsible for regulating vegetation clearing associated with these activities in future, even for threatened vegetation or on vulnerable land.

• A Forest Practices Plan cannot be issued for the ‘clearance and conversion’ of a threatened native vegetation community (listed under Schedule 3A of the Nature Conservation Act) unless there are exceptional circumstances, the clearing and conversion will have an “overall environmental benefit” or will not detract from conservation of the vegetation community or conservation values in the vicinity of the vegetation community.

☞ see Chapter 8 for more information about vegetation clearance.

• If land contains critical habitat for threatened species (listed under the Threatened Species Protection Act), any activities on the land (including clearing) must be consistent with a land management plan for the area.

• Under the Nature Conservation Act you may enter into a conservation covenant to protect a habitat or threatened vegetation community under a management plan (sections 33-47). There may be financial and technical assistance offered to support your covenant. Some councils also offer a rebate on rates if you enter into a conservation covenant.

Unlike other jurisdictions, in Tasmania there are no provisions for special Species Impact Statements to be carried out.

However, developers must not knowingly affect a listed threatened species without a permit. Therefore, before a planning permit is issued under the Land Use Planning and Approvals Act, the developer and planning authority must take into account activities that may threaten critical habitats or significantly affect a threatened species, population or ecological community.

Some planning schemes also require an assessment of the impact on flora and fauna, even if it is not listed as threatened. It is important to note that where there is a conflict between an interim protection order and a planning scheme, the interim protection order overrides the planning scheme (see section 39 of the Land Use Planning and Approvals Act).

Where Environmental Impact Assessments are required to be undertaken (☞ Go to Chapter 5), these need to include impacts on threatened species and mitigation measures to manage the impacts.

If you have made a representation in relation a proposed development, you can challenge a decision to approve the development (including the permit conditions) by appealing to the Resource Management and Planning Appeal Tribunal. (☞ Go to Chapters 5 and 14 for information about the appeal process).

Please note, even if a planning authority (local council) approves a development, a permit is still required under the Threatened Species Protection Act if the development will result in the ‘taking’ of listed threatened species.

A person carrying out authorised forestry activities or dam works can ‘take’ listed threatened species without a permit under the Threatened Species Protection Act.

However, threatened native vegetation communities (including forests, grasslands and wetlands) that are listed under the Nature Conservation Act 2002 are now subject to protections against “clearance and conversion” under the Forest Practices Act 1985. (☞ Go to Chapter 8 for more information.

☞ Go to Chapter 8 for a summary of how threatened species are protected under forestry legislation.

• It is well worthwhile viewing information about the status of species and their Recovery Plans to see what measures are being taken. These are now conveniently accessible on the DPIPWE website (click HERE) or you can see them at the main offices of Parks and Wildlife.

• You can recommend to the Scientific Advisory Committee that a particular species be listed as threatened (you must do so on the prescribed form.) The SAC is required to assess requests on an urgent basis if necessary.

• Listing of a species under the Threatened Species Protection Act does not ensure its protection. The most effective way to protect a listed species would be to lobby the Minister to issue an interim protection order. You can also call for a recovery plan or a threat abatement plan (in the case of a threatening process) to secure ongoing management of a threatened species.

• Under the Threatened Species Protection Act the general public does not have standing to enforce the Act’s provisions. If you think someone is committing an offence against the Threatened Species Protection Act, Nature Conservation Act or the National Parks and Reserves Management Act, you should inform the Parks and Wildlife Service and ask them to investigate.

• It may also be important to find out if the offending person has a permit or approval to undertake their activity, and the conditions that apply to their permit.

• ☞ Go to Chapter 13 for advice about how to take action to ensure that provisions of these Acts are properly enforced by the relevant authorities.

• If a species is threatened by a proposed development, you have the opportunity to make submissions to the local council opposing the development (or requiring tighter management controls) (☞ Go to Chapter 5 for information).

• Take photos or videos of any activity (without trespassing) so that you have evidence of what is happening (☞ Go to Chapter 13 for advice about taking action).

• Delay can be fatal to any prosecution or injunction, so act quickly. Legal advice can usually be obtained from the Environmental Defenders Office.

• The law alone cannot protect threatened species. You can become active in education and protection campaigns conducted by groups such as the Threatened Species Network or Landcare groups.

You can obtain the listings from:

• DPIPWE's website: (Click HERE)

• Parks & Wildlife offices in Hobart and Launceston

• The Threatened Species Protection Act 1995 + its schedules

• The Threatened Species Network

• Environment Division Library: has a lot of useful information
  134 Macquarie Street, Hobart 7000

• Parks & Wildlife Service (Website)
  Hobart: 134 Macquarie Street, Hobart. GPO Box 44A, Hobart 7001 Ph: 6233 8011 Fax: 6233 3477.
  Launceston: Ph: 6336 5312.
  

• Wildlife Infringements: Phone the above numbers or 6233 6556 (after hours) or 1800 055 555

• Threatened Species Service:
  GPO Box 44A Hobart 7001 Ph: 6233 8011

• Forest Practices Authority:
  30 Patrick Street, Hobart 7000 Ph: 6233 7966 Fax: 6233 7954
  Email: info@fpa.tas.gov.au

NON-GOVERNMENT

• Threatened Species Network:
  102 Bathurst Street, Hobart 7000 Ph: 6231 2760.
  Email: tsntas@ozemail.com.au

• Bushcare:
  South: 330 Macquarie Street, Hobart 7000 Ph: 6223 6377
  North: PO Box 180 Kings Meadows 7249 Ph: 6336 5419
  North West: PO Box 274 Ulverstone 7315 Ph: 6234 2770

• The Wilderness Society: 130 Davey Street, Hobart 7000 Ph: 6234 9366 Fax: 6223 5112

• Tasmanian Conservation Trust: 2nd Floor, 191-193 Liverpool St Hobart TAS 7000

Ph: 6234 3552 Fax: 6231 2491
Email: tct6@bigpond.com

• National Parks and Reserves Management Act 2002
• Nature Conservation Act 2002
• Wildlife Regulations 1999
• Threatened Species Protection Act 1995
• Threatened Species Protection Regulations 1996
• Whales Protection Act 1988

You can download Tasmanian Acts and Regulations from <www.thelaw.tas.gov.au/>

Despite their vital importance, Tasmania's coastal areas continue to be managed haphazardly and remain under great pressure from housing and other developments.

This has resulted in ribbon developments, subdivision occurring in sensitive coastal areas and a loss of character in coastal towns. Insensitive coastal development also continues to contribute to fragmentation and damage to ecological communities and numerous other environmental and social problems.

A wide variety of activities occurs within the coastal zone - everything from agriculture, fishing and recreation to sewage treatment and outfalls. The coastal zone is also affected by activities inland, such as farming, forestry and industry.

Adding to this complexity, a large number of authorities are responsible for managing coastal areas - local councils, national park managers, environmental authorities and fisheries agencies (the level of integration and co-operation between the various bodies varies, depending on location and management needs).

The need for a more integrated coastal management system, to protect our coastal resources, is generally accepted. Central to this is the State Coastal Policy.

In 1996 the State Coastal Policy was developed in an attempt to address these issues. The policy is part of Tasmania’s Resource Management and Planning System - built around principles of sustainable development (☞ Go to Chapter 4 for details about the RMPS).

The Coastal Policy is important because it contains provisions that must be implemented through coastal management plans and local government Planning Schemes. However, the Coastal Policy has been contentious and the subject of litigation following a number of development applications in coastal areas.

The State Coastal Policy has been under review for the last four years – during which time coastal management has remained inadequate. The Tasmanian Planning Commission recently released the draft State Coastal Policy 2008 for public comment. Comments can be made until 21 June 2010.

Defining the Coastal Zone is vital to good management, since it needs to extend not only to coastal habitats, but also far enough inland to embrace all those human activities that have significant impacts on the amenity and environment of the coast.

Following lengthy legal proceedings, the State Coastal Policy Validation Act 2003 settled on this definition of the coastal zone.

“State waters and all land to a distance of one kilometre inland from the high-water mark.”

“State waters” are defined in the Living Marine Resources Management Act 1995 as:

“Waters adjacent to the State out to the outer limit of our territorial sea and inward to include any marine or tidal waters and any land which is swept by those waters to the highest landward extent.”

But it excludes inland waters under the Inland Fisheries Act, such as Rushy Lagoon and Pittwater.

A number of coastal characteristics defined in the original State Coastal Policy have been removed by this revised definition, such as extensive dune fields inland from the coast, and the atmosphere above the waters and land.

The coastal zone is administered by state agencies and local councils under a wide range of statutes (see below).

• Local government - generally responsible for handling planning and development approvals

• Parks and Wildlife Service – responsible for management of national parks and reserves

• Coastal & Marine Branch (DEPHA) - responsible for giving advice on coastal matters

• Crown Land Services (DPIW) - responsible for crown land leases, licences and sales

The DEPHA and DPIW branches jointly manage the majority of land-based coastal reserves around the state.

• Sea Fishing & Aquaculture Division of DPIW - administers marine farming and wild fisheries; jointly manages marine reserves

• Parks and Wildlife Service – jointly manages marine reserves

The Natural Resource Management Unit also assists with the coordination of scientific and information services.

The Federal government has a supportive role too, and has some limited statutory powers in coastal management.

Where coastal developments may have a significant impact on matters of national environmental significance, the Department of Environment, Water, Heritage and the Arts will be involved in the assessment and approval of the development (see Chapter 15).

The government’s supportive role is implemented principally through the Natural Heritage Trust Program (NHT). A major theme for Phase 3 of this Program is coastal and peri-urban areas. Federally funded NHT projects are attempting to develop better links between local government bodies, so that they are better able to jointly address threats to coastal and peri-urban assets within a regional context.

The following Acts are relevant:

• State Policies and Projects Act 1993
• Land Use Planning and Approvals Act 1993
• Environmental Management and Pollution Control Act 1994
• Living Marine Resources Management Act 1995
• Marine Farming Planning Act 1995
• Nature Conservation Act 2002
• National Parks & Reserves Management Act 2002

The aim of the whole coastal management system is to deliver sustainable development through the different arms of government across the state. The controversy over the State Coastal Policy continues to hamper coordinated and effective efforts at coastal management.

Members of the public can formally comment on new or reviewed local government Planning Schemes, and can have input into or request amendments to planning schemes (☞ Go to Chapter 5).

New planning schemes or proposed amendments to existing ones are advertised in local newspapers. You can view draft Planning Schemes (or amendments) in local council offices during a period of public display and make comments.

Similar rules apply to Marine Farm Development Plans and Fisheries Management Plans (☞ Go to Chapter 9 for more information about fisheries and marine areas).

You can make representations to Council about proposed developments in coastal areas that are advertised in local newspapers.

You can view the applications in the Council offices during the public display period and then make representations to Council and the RPDC (if necessary) (☞ Go to Chapters 5 and 14 for more information). You should to refer to the Planning Scheme to find out the criteria that the Council must consider in making a decision.

Members of the public who have made a representation about a development proposal have a right to appeal if they are unhappy with a council decision. These appeals are heard by the Resource Management and Planning Appeal Tribunal (☞ Go to Chapter 5 for information about these avenues.)

The Tribunal also handles appeals regarding other resource management issues, such as fisheries (☞ Go to Chapter 9 for information).

Planning and pollution laws:
If you notice illegal development, pollution or other environmental harm taking place, you can contact the authorities and ask them to take action or you can initiate legal action yourself under the relevant civil enforcement provisions.

Protected species and coastal vegetation:
If threatened vegetation species are being cleared without a permit, you should report this to the Threatened Species Unit of DPIW and the Coastal and Marine Branch.

Other laws:
It is an offence to clear vegetation on Crown land without a permit obtained from the relevant State agency. You should report all unauthorised activities, such as clearing, in coastal reserves to Crown Lands Services (within DPIW).

It is also an offence to clear more than one hectare of coastal vegetation on private land without a Forest Practices Plan. A Forest Practices Plan should not be issued in respect of threatened native vegetation communities such as wetland vegetation (see Schedule 3A of the Nature Conservation Act 2002).

Also, check to see if landowners are complying with any conservation covenant, land management plan or Forest Practices Plan.

At a government level:
The Natural Resource Management (NRM) process attempts to link all government and non-government people who have an interest in resource management issues. Regional coastal facilitators can be contacted through NRM (see www.nrm.gov.au).

At a community level:
Coastcare community associations - such as the Southern Coastcare Association of Tasmania (SCAT) (www.scat.org.au) - help to monitor and manage the coastal zone.

A few Management Plans have been prepared for coastal areas - some are prepared by local councils, some by the Sea Fishing & Aquaculture Division of DPIW and some by the Parks and Wildlife Service.

Remember that Management Plans exist for both terrestrial as well as marine coastal areas. Where a management plan is developed under legislation, there may be a legal requirement for public input so look out for a public notice in local newspapers.

There is no central register for Management Plans. In the first instance, you could contact the Coastal & Marine Branch to see what management plans have been approved in your area (see contacts, below). You can also ask your Council and your local State member of parliament for information about coastal Management Plans.

Land use zoning in coastal areas is contained in local council Planning Schemes. Different zones apply in the coastal zone, including coastal reserve, coastal protection zone or public open space.

To find out the zoning for any area of coast, contact the relevant Council or the Resource Planning and Development Commission. They have copies of the relevant Planning Scheme and will be able to assist you. Councils usually have planning schemes on their web sites and there is a link to them from the RPDC web site.

Also, you can check the Land Information System of Tasmania (LIST) to see the land use zone layers on various maps: (Click HERE).

Note: Zoning may also apply to some marine areas, for example when an area is set aside as a marine reserve or for marine farming.

Introduction of the State Coastal Policy in 1996 was an important milestone in coastal management. The policy appears to be curbing some inappropriate development around the coast.

However, problems related to ribbon development, developments on dunes, pollution of ground water, marine farming and a general lack of enforcement and integration persist.

Concerned citizens should closely monitor changes to the law. Click HERE to see the proposed revised Coastal Policy.

Impacts of climate change on the coasts will range from gradual impacts to major events such as flooding, storm surges, erosion and submersion.

The Coastal and Marine branch of DPIW has recently released guidelines to assist councils to plan for sea level rise (download the guidelines and casestudy).

According to the Tasmanian State of Environment Report 2003 ”…some 975 km (approximately 15%) of the coastline contains low-lying erodible shorelines potentially at risk of recession and flooding. A further 1,147 km (18%) contains low-lying shores mainly at risk of increased coastal flooding.”

Local councils have an increasing responsibility for dealing with foreseeable events such as sea level rise, flooding, extreme weather events (leading to erosion or land slips), or increased bushfire. When Councils assess development applications, or revise their Planning Schemes, or provide services they have an obligation to consider and respond to these hazards.

It may be that Councils can be held liable in the future for failing to anticipate likely impacts of climate change and failing to take these matters into account in their present-day planning and decision making, including developmental approvals.

To the extent that Councils have considerable control over mitigation and avoidance measures, warnings to the community and issuing development permits, Councils could be held responsible for subsequent loss and damage.

Note: Council and public authority responsibility is limited by the Civil Liability Act 2002.

• Write down as many details as possible of the incident you observed and take photographs if you can.

• Contact the landholder (private, state or local government) if known.

• If the landowner is not known, contact the local council, or Coastal & Marine Branch on 6233 3963 for help.

• Remember that an offence can only be prosecuted if the offender is caught in the act, so act quickly if you can.

• ☞ Go to Chapter 13 for more information about taking action.

• Coastal Policy:
  Click HERE to see the 1996 State Coastal Policy or HERE for information on the 2006 review and new draft.

• The LIST (Land Information System of Tasmania)
  This provides information on zoning, land use, and other values such as mapping Coastal Geomorphology and Vegetation. Click HERE.

• Useful reference book:
  Community Coastcare Handbook: Caring for the Coast in Tasmania Veronica Thorp (2005). Published by Sustainable Living Tasmania, 102 Bathurst Street, Hobart TAS 7000 Ph 6234 5566 - or click HERE to download.

• Useful CSIRO publication:
  Click HERE to download Climate Change and Australia's Coastal Communities brochure.

• Departmental Library: 134 Macquarie Street, Hobart.
  (All citizens have access to this library. It features a substantial coastal management collection.)

GOVERNMENT

• Coastal & Marine Branch: Website
  (Contact: Chris Rees, Manager)
  Level 6, 134 Macquarie Street, Hobart 7000 GPO Box 1751, Hobart 7001.
  Ph (03) 6233 3963 Fax (03) 6233 6800
  Email: Chris.Rees@environment.tas.gov.au

• Crown Lands Services Website
  Level 5, 134 Macquarie Street Phone: 1300 368 550 Fax: 03 6233 6655
  Email: CrownLand.Enquiries@dpiw.tas.gov.au

• Natural Resource Management Unit: (NRM) Website

• NRM Contacts: Website list

• Environment Division: (DEPHA)
  PO Box 44A, Hobart 7001. 134 Macquarie Street, Hobart 7000 Ph: 6233 8011

• Parks & Wildlife Service (Website)
  134 Macquarie Street, Hobart. GPO Box 44A Hobart 7001
  Hobart Ph: 6233 8011 Fax: 6233 3477.
  Launceston: Ph: 6336 5312.
  

NON-GOVERNMENT

• Marine & Coastal Community Network (Website)
  (Federal government supported network)

• Tasmanian Conservation Trust:
  2nd Floor, 191-193 Liverpool St Hobart TAS 7000 Ph: 6234 3552 Fax: 6231 2491
  Email: tct6@bigpond.com

• Southern Coastcare Association (Website)

• Tasmanian Aquaculture and Fisheries Institute (Website)
  (Does technical and research work)

• State Coastal Policy 1996
• State Coastal Policy Validation Act 2003
• State Policies and Projects Act 1993
• Land Use Planning and Approvals Act 1993
• National Parks & Reserves Management Act 2002
• Nature Conservation Act 2002
• Civil Liability Act 2002
• Environmental Management and Pollution Control Act 1994
• Living Marine Resources Management Act 1995
• Marine Farming Planning Act 1995
• Local Government Act 1993
• Crown Lands Act 1976

You can download the above Acts from this website: http://www.austlii.edu.au/au/tas/