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2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION
AMENDMENT (ALPINE GRAZING) BILL 2014
EXPLANATORY MEMORANDUM
Circulated by the authority of Senator Richard Di Natale
Environment Protection and Biodiversity Conservation Amendment (Alpine Grazing)
Bill 2014
BACKGROUND
The Victorian Government, through the State Department of Sustainability and Environment,
allowed a `scientific trial' of alpine grazing by cattle in Alpine National Park from January
2011 to April 2011, under the guise of investigating the effect of grazing on fire fuel
reduction. This trial was ended after intervention from the Federal Environment Minister.
In March 2014, Federal Environment Minister Greg Hunt approved another trial of grazing in
Alpine National Park. The three-year program allows for 60 cows in the first year and 300
cows in the second and third years.
The park is a declared National Heritage place, and contains many threatened and endangered
species listed by the Environment Protection and Biodiversity Conservation Act 1999
(EPBC).
Given the significant impact that grazing is having on threatened and endangered species in
Alpine National Park at the time of introduction of this Bill, the Bill removes any doubt as to
the application of Commonwealth environmental law on this activity, and requires cattle to be
removed from the park.
The Environment Protection and Biodiversity Conservation Amendment (Alpine Grazing)
Bill 2014 amends the EPBC to provide that:
1. under new paragraph 74E(1)(a), the Minister is deemed to have received from the
Government of Victoria a referral of its proposal to allow the `controlled action' of
grazing in Alpine National Park; and
2. under new paragraph 74E(1)(b) and subsection 74E(2), the Minister is deemed to
have decided that the `controlled action' is `clearly unacceptable' under the Act, due
to the `significant impact' of grazing on threatened species and ecological
communities. This in itself is enough to stop the trial, however the subsection goes
further to specify other reasons, including that grazing on a scale actually necessary to
achieve any fire control objectives would have a much larger impact.
The effect of deeming the Minister to have made these decisions would be to require the
Minister, under section 74C of the EPBC, to notify the Victorian Government `as soon as
practicable' of the deemed decision, including the reasons for the decision, thus disallowing
the `controlled action'.
NOTES ON CLAUSES
Clause 1 - Short Title
1. This is a formal provision specifying the short title of the Bill.
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Clause 2 - Commencement
2. This clause indicates that the Act will commence the day after it receives the Royal Assent.
Clause 3 - Schedule(s)
3. This clause provides that an Act that is specified in a Schedule is amended or repealed as
set out in that Schedule, and any other item in a Schedule operates according to its terms.
Schedule 1 - Environment Protection and Biodiversity Conservation Act 1999
Item 1
This item inserts a new section into the Act. Subsection 74E(1) has the effect of the Minister
having received a referral of a proposal to graze cattle within Alpine National Park as a trial
for fire prevention or control and made a decision that Division 1A of Part 7 should apply to
that referral.
Subsection 74E(2) details the reasons that apply with regards to the decision. The Alpine
Sphagnum Bogs and Associated Fens and the listed species are deemed to be significantly
impacted. The Minister is taken to have determined that the listed species and communities
would be significantly impacted and that this would outweigh any benefits of a trial.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Environment Protection and Biodiversity Conservation Amendment (Alpine Grazing)
Bill 2014
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
This Bill amends the Environment Protection and Biodiversity Conservation Act (1999) to
disallow grazing of cattle in Victoria's Alpine National Park.
Human rights implications
This Bill does not negatively impact on any human rights. Although it places some small
constraints on where the owners of cattle may graze their stock, it is consistent with other
restrictions applicable in National Parks and so does not engage the rights and freedoms
enumerated in the applicable treaties.
Conclusion
The Bill is compatible with human rights as it does not raise any human rights issues.
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