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Parliamentary Questions


Question On Notice No. 2795 asked in the Legislative Council on 13 February 2020 by Hon Robin Chapple

Question Directed to the: Minister for Environment
Parliament: 40 Session: 1
Tabled Paper No: 3714- View tabled paper


Question

The “Fortescue Marsh Management Strategy: 2018 – 2024” (FMMS), page 15, states “In 1999, the department’s predecessor, the Department of Conservation and Land Management, undertook an assessment of significant wetlands across Western Australia and determined their suitability for nomination for Ramsar listing. Nomination of the [Fortescue] Marsh as a rare and unusual wetland type within its biogeographic region was recommended, although the assessment recognised that more information on the biodiversity values of the Marsh would be required to progress a nomination (Jaensch and Watkins 1999)”, with the marsh facing significant development pressures from the iron ore industry to its immediate north and south, I ask:

(a) what is the status of any or part of the Fortescue Marsh:
(i) within the State conservation reserve system; and
(ii) within the National conservation reserve system;
(b) how can the Department say unequivocally that “it will not seek to incorporate land into a conservation reserve that may contain existing or proposed mine sites” (FMMS page 3), without a prior thorough assessment of the conservation values of any such locations first;
(c) are conservation reserves in Western Australia enshrined in legislation:
(i) if yes to (c), in which legislation;
(d) what categories of conservation reserve can be created in Western Australia;
(e) which Minister can cancel a reserve or its Class A classification;
(f) does the Minister require the approval of both Houses of Parliament to cancel a reserve or its Class A conservation;
(g) does the Minister require the approval of a single House of Parliament to cancel a reserve or its Class A conservation:
(i) if yes to (g), which House;
(h) if the Minister wishes to cancel a reserve or its Class A classification, what process must the Minister follow;
(i) what is the Convention on Wetlands of International Convention Especially as Waterfowl Habitat (Ramsar (Iran), 2 February, 1971, the Ramsar Convention);
(j) does the Ramsar Convention aim to halt and, where possible, reverse the worldwide loss of wetlands;
(k) can the Minister please table a map of the Fortescue Marsh, including surrounding existing mining lease boundaries, exploration lease boundaries and proposed future mining developments;
(l) can the Minister please table a map of the Fortescue Marsh and surrounds, overlayed by all of the various land tenures in operation;
(m) what further work is required to assess the international significance of the Fortescue Marsh in terms of ecology, botany, zoology, limnology or hydrology;
(n) what funding has been allocated to assess the international significance of the Fortescue Marsh as outlined in (m) above for each of the next:
(i) 12 months;
(ii) 24 months; and
(iii) 5 years;
(o) what is the status of the Department’s investigations in deciding whether the Fortescue Marsh should be nominated for listing under the Ramsar Convention;
(p) given that Jaensch and Watkins asserted that more information was required to progress a Ramsar Listing over 20 years ago, when will the Government make a final decision on whether the Fortescue Marsh should be listed under the Ramsar Convention;
(q) what have been the reasons for the Government’s delay in deciding whether or not to nominate the Fortescue Marsh for Ramsar Listing;
(r) are Ramsar Wetlands regulated under the Environment Protection and Biodiversity Conservation Act 1999 (Cth);
(s) if the Government has decided not to pursue a Ramsar Listing for the Fortescue Marsh, for what reasons did it make this decision;
(t) what is the Fortescue Marsh Reference Group (FMRG);
(u) what is the current status of the FMRG;
(v) when was the FMRG formed;
(w) who are the current members of the FMRG by name and employer;
(x) on what dates has the FMRG met since its inception; and
(y) does the FMRG have any legal status?
Answered on 19 March 2020

(a)
(i) The majority of Fortescue Marsh is unallocated Crown land with some areas being pastoral lease. The reservation of the Marsh and its inclusion into the State’s conservation reserve system is being considered as part of the Plan for Our Parks initiative in consultation with interest holders and stakeholders.

(ii) Inclusion into the Commonwealth Government’s National Reserve System will follow reservation by the State, if reservation is progressed.

(b) Existing operating mine sites at Fortescue Marsh will not be reserved for conservation purposes. Any proposals for mine sites at the location would be subject to environmental impact assessment and a thorough evaluation of conservation values.

(c) Yes.

(i) Conservation and Land Management Act 1984 (CALM Act) and the Land Administration Act 1997.

(d) Categories of land under the CALM Act are outlined in section 5(1): State forest, timber reserve, national park, conservation park, nature reserve, marine nature reserve, marine park, and marine management area.

(e) The Minister for Lands under the Land Administration Act, with the consent of the Minister for Environment, can seek to cancel a CALM Act reserve or change its class A classification through an Act of Parliament.

(f) - (g) Both Houses of Parliament are required to approve cancellation of a reserve or its class A classification.

(h) The Conservation and Parks Commission (Commission), the vesting body for all CALM Act conservation reserves, is consulted. The Minister for Environment is provided with the recommendation of the Commission and subsequently provides his recommendation to the Minister for Lands. If both Ministers consent to the cancellation of the reserve or amendment to the reserve’s class A status the Department of Biodiversity, Conservation and Attractions (DBCA) would work with the Department of Planning, Lands and Heritage to prepare a Reserves Bill for Parliament.

(i) The Convention on Wetlands of International Importance especially as Waterfowl Habitat 1971 is an international treaty for the conservation and sustainable use of wetlands. Since 1971, the treaty has been known as the Ramsar Convention. Australia became a signatory in 1975.

(j) The Ramsar Convention has the broad aims to halt the worldwide loss of wetlands and to conserve, through wise use and management, those that remain.

(k) See tabled paper # (A).

(l) See tabled paper # (B).

(m)No further work is required to confirm that the Fortescue Marsh has natural values that are internationally significant.

(n) (i) - (iii) No further funding is required.

(o) – (q) DBCA recognises that Fortescue Marsh supports natural, cultural and social values. Listing under the Ramsar Convention requires the support of stakeholders. Further consultation with stakeholders is required in relation to land tenure and reservation as well as cultural and social matters. These issues are being progressed and will likely take some time.

(r) Wetlands designated under the Ramsar Convention become a Matter of National Environmental Significance, that then provides for regulation under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.

(s) The Government has not decided not to pursue Ramsar listing for Fortescue Marsh.

(t) The Fortescue Marsh Reference Group (FMRG) is a reference group of stakeholders established to share knowledge and provide guidance and technical and expert advice on projects occurring across the Fortescue Marsh.

(u) The FMRG is an active DBCA reference group. The group is planning to meet later this year.

(v) 19 September 2012.

(w) The FMRG comprises representatives from the mining industry, native title groups, State Government departments, the university sector and other natural resource management experts. See tabled paper # (C) for a list of the current representatives involved in the FMRG.

(x) The FMRG has met on the following dates: 19 September 2012, 26 November 2013, 15 November 2014, 11 February 2016, 9 February 2017, and 22 May 2018.

(y) The FMRG is a non-statutory group.