Environment laws have failed to tackle the extinction emergency. Here’s the proof



Koalas are among the threatened native species worst affected by habitat loss.
Taronga Zoo

Michelle Ward, The University of Queensland; April Reside, The University of Queensland; Hugh Possingham, The University of Queensland; James Watson, The University of Queensland; Jeremy Simmonds, The University of Queensland; Jonathan Rhodes, The University of Queensland, and Martin Taylor, The University of Queensland

Threatened species habitat larger than the size of Tasmania has been destroyed since Australia’s environment laws were enacted, and 93% of this habitat loss was not referred to the federal government for scrutiny, our new research shows.

The research, published today in Conservation Science and Practice, shows that 7.7 million hectares of threatened species habitat has been destroyed in the 20 years since the Environment Protection and Biodiversity Conservation (EPBC) Act 1999 came into force.

The Southern black throated finch, one of the threatened native animals worst affected by habitat loss.
Eric Vanderduys/BirdLife Australia



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Some 85% of land-based threatened species experienced habitat loss. The iconic koala was among the worst affected. More than 90% of habitat loss was not referred or submitted for assessment, despite a requirement to do so under Commonwealth environment laws.

Our research indicates the legislation has comprehensively failed to safeguard Australia’s globally significant natural values, and must urgently be reformed and enforced.

What are the laws supposed to do?

The EPBC Act was enacted in 1999 to protect the diversity of Australia’s unique, and increasingly threatened, flora and fauna. It was considered a giant step forward for biodiversity conservation and was expected to become an important legacy of the Howard Coalition government.

A dead koala outside Ipswich, Queensland. Environmentalists attributed the death to land clearing.
Jim Dodrill/The Wilderness Society



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The law aims to conserve so-called “protected matters” such as threatened species, migratory species, and threatened ecosystems.

Clearing and land use change is regarded by ecologists as the primary threat to Australia’s biodiversity. In Queensland, land clearing to create pasture is the greatest pressure on threatened flora and fauna.

Any action which could have a significant impact on protected matters, including habitat destruction through land clearing, must be referred to the federal government for assessment.

Loss of potential habitat for threatened species and migratory species, and threatened ecological communities. Dark blue represents habitat loss that has been assessed (or loss that occurred with a referral under the EPBC Act) and dark red represents habitat loss that has not been assessed (or loss that occurred without a referral under The Act). Three panels highlight the southern Western Australia coast (left), Tasmania (middle), and northern Queensland coast (right).
Adapted from Ward et al. 2019

The law is not being followed

We examined federal government forest and woodland maps derived from satellite imagery. The analysis showed that 7.7 million hectares of threatened species habitat has been cleared or destroyed since the legislation was enacted.

Of this area, 93% was not referred to the federal government and so was neither assessed nor approved.

Bulldozer clearing trees at Queensland’s Olive Vale Station in 2015.
ABC News, 2017

It is unclear why people or companies are not referring habitat destruction on such a large scale. People may be self-assessing their activities and concluding they will not have a significant impact.

Others may be seeking to avoid the expense of a referral, which costs A$6,577 for people or companies with a turnover of more than A$10 million a year.

The failure to refer may also indicate a lack of awareness of, or disregard for, the EPBC Act.

The biggest losers

Our research found that 1,390 (85%) of terrestrial threatened species experienced habitat loss within their range since the EPBC Act was introduced.

Among the top ten species to lose the most area were the red goshawk, the ghost bat, and the koala, losing 3 million, 2.9 million, and 1 million hectares, respectively.

In less than two decades, many other imperilled species have lost large chunks of their potential habitat. They include the Mount Cooper striped skink (25%), the Keighery’s macarthuria (23%) and the Southern black-throated finch (10%).

(a) The top 10 most severely impacted threatened species include those that have lost the highest proportion of their total habitat, and (b) species who have lost the most habitat, as mapped by the Federal Government.
Adapted from Ward et al. 2019

What’s working, what’s not

We found that almost all referrals to the federal government for habitat loss were made by urban developers, mining companies and commercial developers. A tiny 1.3% of referrals were made by agricultural developers – despite clear evidence that land clearing for pasture development is the primary driver of habitat destruction.

Alarmingly, even when companies or people did refer proposed actions, 99% were allowed to proceed (sometimes with conditions).

The high approval rates may be derived, in part, from inconsistent application of the “significance” test under the federal laws.

Hundreds of protesters gather in Sydney in 2016 to demand that New South Wales retain strong land clearing laws.
Dean Lewins/AAP

For example, in a successful prosecution in 2015, Powercor Australia and Vemco] were fined A$200,000 for failing to refer clearing of a tiny 0.5 hectares of a critically endangered ecosystem. In contrast, much larger tracts of habitat have been destroyed without referral or approval, and without any such enforcement action being taken.

Clearer criteria for determining whether an impact is significant would reduce inconsistency in decisions, and provide more certainty for stakeholders.

The laws must be enforced and reformed

If the habitat loss trend continues, two things are certain: more species will become threatened with extinction, and more species will become extinct.

The Act must, as a matter of urgency, be properly enforced to curtail the mass non-referral of actions that our analysis has revealed.

The left pie chart illustrates the breakdown of industries referring their actions by number of referrals; the right pie chart illustrates the breakdown of industries referring their actions by area (hectares). Both charts highlight the agricultural sector as a low-referring industry.
Adapted from Ward et al. 2019

If nothing else, this will help Australia meet its commitment under the Convention on Biological Diversity to prevent extinction of known threatened species and improve their conservation status by 2020.




Read more:
Why aren’t Australia’s environment laws preventing widespread land clearing?


Mapping the critical habitat essential to the survival of every threatened species is also an important step. The Act should also be reformed to ensure critical habitat is identified and protected, as happens in the United States.

Australia is already a world leader in modern-day extinctions. Without a fundamental change in how environmental law is written, used, and enforced, the crisis will only get worse.The Conversation

Michelle Ward, PhD Student, The University of Queensland; April Reside, Researcher, Centre for Biodiversity and Conservation Science, The University of Queensland; Hugh Possingham, Professor, The University of Queensland; James Watson, Professor, The University of Queensland; Jeremy Simmonds, Postdoctoral Research Fellow in Conservation Science, The University of Queensland; Jonathan Rhodes, Associate Professor, The University of Queensland, and Martin Taylor, Adjunct senior lecturer, The University of Queensland

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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The plan to protect wildlife displaced by the Hume Highway has failed



File 20170525 13190 1ifqnnv
Hundreds of large old trees were removed when the Hume Highway was widened.
Brian Yap/Flickr, CC BY-NC

David Lindenmayer, Australian National University; Martine Maron, The University of Queensland; Megan C Evans, The University of Queensland, and Philip Gibbons, Australian National University

It’s no secret that human development frequently comes at a cost to other creatures. As our urban footprint expands, native habitat contracts. To compensate for this, most Australian governments require developers to invest in biodiversity offsetting, where habitat is created or protected elsewhere to counterbalance the impact of construction.

Researchers monitored hundreds of nest boxes used to offset habitat loss.
Mason Crane, Author provided

Although biodiversity offsetting is frequently used in Australia – and is becoming increasingly popular around the world – we rarely know whether offsets are actually effective.

That’s why we spent four years monitoring the program designed to offset the environmental losses caused by widening the Hume Highway between Holbrook and Coolac, New South Wales. Our research has found it was completely ineffective.


Map courtesy Google/The Conversation, CC BY-ND

Trading trees for boxes

The roadworks required the removal of large, old, hollow-bearing trees, which are critical nesting sites for many animals, including several threatened species. To compensate for these losses, the developer was required to install one nest box for every hollow that was lost – roughly 600 nest boxes were installed.

Wild honeybees occupied many nest boxes.
Mason Crane, Author provided

Many of the boxes were specifically designed for three threatened species: the squirrel glider, the superb parrot and the brown treecreeper. We monitored the offset for four years to see whether local wildlife used the nest boxes.

We found that the nest boxes were rarely used, with just seven records of the squirrel glider, two of the brown treecreeper, and none of the superb parrot. We often saw all three species in large old tree hollows in the area around the boxes we monitored.

Even more worryingly, almost 10% of the boxes collapsed, were stolen or otherwise rendered ineffective just four years after being installed. Perversely, we found that invasive species such as feral bees and black rats frequently occupied the nest boxes.

The offset clearly failed to deliver the environmental outcomes that were promised. Indeed, researchers have been concerned for some time now that offsetting can be misused and abused.

What can be done?

It’s worth noting that research supports using nest boxes as a habitat replacement. However, they may never be effective for species such as the superb parrot. It’s not quite clear why some animals use nest boxes and others don’t, but earlier monitoring projects in the same area found superb parrots consistently avoid them.

Still, concrete steps can – and should – be taken to improve similar offset programs.

First, the one-to-one ratio of nest boxes to tree hollows was inadequate; far more nest boxes needed to be installed to replace the natural hollows that were lost.

There also was no requirement to regularly replace nest boxes as they degrade. It can take a hundred years or more for trees to develop natural hollows suitable for nesting wildlife. To truly offset their removal, thousands of boxes may be required over many decades.

An old hollow-bearing river red gum. Trees like this are vital habitat for many species.
Peter Halasz/Wikimedia commons, CC BY-SA

Second, nest boxes clearly cannot compensate for the many other key ecological values of large old trees (such as carbon storage, flowering pulses or foraging habitat). This suggests that more effort is needed at the beginning of a development proposal to avoid damaging environmental assets that are extremely difficult to replace – such as large old trees.

Third, where it is simply impossible to protect key features of the environment during infrastructure development, more holistic strategies should be considered. For example, in the case of the woodlands around the Hume Highway, encouraging natural regeneration can help replace old trees.

Tree planting on farms can also make a significant contribution to biodiversity – and some of these may eventually become hollow-bearing trees. A combination of planting new trees and maintaining adequate artificial hollows while those trees mature might be a better approach.

Being accountable for failure

When an offset program fails, it’s unlikely anyone will be asked to rectify the situation. This is because developers are only required to initiate an offset, and are not responsible for their long-term outcomes.

In the case of the Hume Highway development, the conditions of approval specified that nest boxes were to be installed, but not that they be effective.

Despite the ecological failure of the offset (and over A$200,000 invested), the developer has met these legal obligations.

This distinction between offset compliance and offset effectiveness is a real problem. The Australian government has produced a draft policy of outcomes-based conditions, but using these conditions isn’t mandatory.

The poor results of the Hume Highway offset program are sobering. However, organisations like Roads and Maritime Services are to be commended for ensuring that monitoring was completed and for making the data available for public scrutiny – many agencies do not even do that.

The ConversationIndeed, through monitoring and evaluation we can often learn more from failures than successes. There are salutary lessons here, critical to ensuring mistakes are not repeated.

David Lindenmayer, Professor, The Fenner School of Environment and Society, Australian National University; Martine Maron, ARC Future Fellow and Associate Professor of Environmental Management, The University of Queensland; Megan C Evans, Postdoctoral Research Fellow, Environmental Policy, The University of Queensland, and Philip Gibbons, Senior Lecturer, Australian National University

This article was originally published on The Conversation. Read the original article.

Copenhagen Summit Fails to Deliver


In news that has delighted the ears of climate change sceptics the world over, the Copenhagen summit on climate change has failed to deliver anything of real value that will actually make a difference. It is truly disappointing that even in the face of a massive environmental disaster that will affect the entire planet, global leaders have failed to lead and work together in finding solutions to the major issues we face over the coming decades and century.

Newspapers in Australia have reported the failure of the summit and are reporting on the leader of the opposition gloating over the failure of the summit. His solution is to ignore the real issue and hope that the Australian people prove to be as oblivious to climate change as the coalition he leads.

Typically, the usual anti-Kevin Rudd biased journalists and climate change sceptics of the newspaper (The Sunday Telegraph) I read this morning, were also quick to pour further scorn on the Prime Minister and the problem of climate change itself (which they deny). One particular vocal climate change sceptic in the Sunday Telegraph has very little credibility with me and I find his obsessive anti-Rudd tirades more than a little tiring. This self-opinionated buffoon is little more than an embarrassment for both the Sunday Telegraph and the Daily Telegraph for which he also writes. His columns are becoming more of a personal vendetta against Kevin Rudd than anything resembling real journalism.

I’ll be finding a better way to become acquainted with the daily news than continuing to read the biased diatribes that continue to be put forward by these papers in future. I’ll also be hoping that our leaders can overcome the various preoccupations each have with self-interest (whether it be personal or national) in order to reach a real workable agreement on dealing with the growing threat of climate change