UN climate change report: land clearing and farming contribute a third of the world’s greenhouse gases



Farming emits greenhouse gases, but the land can also store them.
Johny Goerend/Unsplash, CC BY-SA

Mark Howden, Australian National University

We can’t achieve the goals of the Paris Climate Agreement without managing emissions from land use, according to a special report released today by the Intergovernmental Panel on Climate Change (IPCC).

Emissions from land use, largely agriculture, forestry and land clearing, make up some 22% of the world’s greenhouse gas emissions. Counting the entire food chain (including fertiliser, transport, processing, and sale) takes this contribution up to 29%.




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The report, which synthesises information from some 7,000 scientific papers, found there is no way to keep global warming under 2℃ without significant reductions in land sector emissions.

Land puts out emissions – and absorbs them

The land plays a vital role in the carbon cycle, both by absorbing greenhouse gases and by releasing them into the atmosphere. This means our land resources are both part of the climate change problem and potentially part of the solution.

Improving how we manage the land could reduce climate change at the same time as it improves agricultural sustainability, supports biodiversity, and increases food security.

While the food system emits nearly a third of the world’s greenhouse gases – a situation also reflected in Australia – land-based ecosystems absorb the equivalent of about 22% of global greenhouse gas emissions. This happens through natural processes that store carbon in soil and plants, in both farmed lands and managed forests as well as in natural “carbon sinks” such as forests, seagrass and wetlands.




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There are opportunities to reduce the emissions related to land use, especially food production, while at the same time protecting and expanding these greenhouse gas sinks.

But it is also immediately obvious that the land sector cannot achieve these goals by itself. It will require substantial reductions in fossil fuel emissions from our energy, transport, industrial, and infrastructure sectors.

Overburdened land

So, what is the current state of our land resources? Not that great.

The report shows there are unprecedented rates of global land and freshwater used to provide food and other products for the record global population levels and consumption rates.

For example, consumption of food calories per person worldwide has increased by about one-third since 1961, and the average person’s consumption of meat and vegetable oils has more than doubled.

The pressure to increase agricultural production has helped push about a quarter of the Earth’s ice-free land area into various states of degradation via loss of soil, nutrients and vegetation.

Simultaneously, biodiversity has declined globally, largely because of deforestation, cropland expansion and unsustainable land-use intensification. Australia has experienced much the same trends.




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To reduce fire risk and meet climate targets, over 300 scientists call for stronger land clearing laws


Climate change exacerbates land degradation

Climate change is already having a major impact on the land. Temperatures over land are rising at almost twice the rate of global average temperatures.

Linked to this, the frequency and intensity of extreme events such as heatwaves and flooding rainfall has increased. The global area of drylands in drought has increased by over 40% since 1961.

These and other changes have reduced agricultural productivity in many regions – including Australia. Further climate changes will likely spur soil degradation, loss of vegetation, biodiversity and permafrost, and increases in fire damage and coastal degradation.




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Water will become more scarce, and our food supply will become less stable. Exactly how these risks will evolve will depend on population growth, consumption patterns and also how the global community responds.

Overall, proactive and informed management of our land (for food, water and biodiversity) will become increasingly important.

Stopping land degradation helps everyone

Tackling the interlinked problems of land degradation, climate change adaptation and mitigation, and food security can deliver win-wins for farmers, communities, governments, and ecosystems.

The report provides many examples of on-ground and policy options that could improve the management of agriculture and forests, to enhance production, reduce greenhouse gas emissions, and make these areas more robust to climate change. Leading Australian farmers are already heading down these paths, and we have a lot to teach the world about how to do this.

We may also need to reassess what we demand from the land. Farmed animals are a major contributor to these emissions, so plant-based diets are increasingly being adopted.

Similarly, the report found about 25-30% of food globally is lost or wasted. Reducing this can significantly lower emissions, and ease pressure on agricultural systems.

How do we make this happen?

Many people around the world are doing impressive work in addressing some of these problems. But the solutions they generate are not necessarily widely used or applied comprehensively.

To be successful, coordinated policy packages and land management approaches are pivotal. Inevitably, all solutions are highly location-specific and contextual, and it is vital to bring together local communities and industry, as well as governments at all levels.




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Given the mounting impacts of climate change on food security and land condition, there is no time to lose.


The author acknowledges the contributions to authorship of this article by Clare de Castella, Communications Manager, ANU Climate Change Institute.The Conversation

Mark Howden, Director, Climate Change Institute, Australian National University

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

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Guns, snares and bulldozers: new map reveals hotspots for harm to wildlife


File 20190312 86699 k7wj98.jpg?ixlib=rb 1.1
Human activity threatens many species across Africa’s savannahs.
Paul Mulondo/WCS, Author provided

James Allan, The University of Queensland; Christopher O’Bryan, The University of Queensland, and James Watson, The University of Queensland

The biggest killers of wildlife globally are unsustainable hunting and harvesting, and the conversion of huge swathes of natural habitat into farms, housing estates, roads and other industrial activities. There is little doubt that these threats are driving the current mass extinction crisis.

Yet our understanding of where these threats overlap with the locations of sensitive species has been poor. This limits our ability to target conservation efforts to the most important places.




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In our new study, published today in Plos Biology, we mapped 15 of the most harmful human threats – including hunting and land clearing – within the locations of 5,457 threatened mammals, birds and amphibians globally.

We found that 1,237 species – a quarter of those assessed – are impacted by threats that cover more than 90% of their distributions. These species include many large, charismatic mammals such as lions and elephants. Most concerningly of all, we identified 395 species that are impacted by threats across 100% of their range.

Mapping the risks

We only mapped threats within a species location if those threats are known to specifically endanger that species. For example, the African lion is threatened by urbanisation, hunting and trapping, so we only quantified the overlap of those specific hazards for this species.

This allowed us to determine the parts of a species’ home range that are impacted by threats and, conversely, the parts that are free of threats and therefore serve as refuges.

We could then identify global hotspots of human impacts on threatened species, as well as “coolspots” where species are largely threat-free.

The fact that so many species face threats across almost all of their range has grave consequences. These species are likely to continue to decline and possibly die out in the impacted parts of their ranges. Completely impacted species certainly face extinction without targeted conservation action.

Conversely, we found more than 1,000 species that were not impacted by human threats at all. Although this is positive news, it is important to note that we have not mapped every possible threat, so our results likely underestimate the true impact. For example, we didn’t account for diseases, which are a major threat to amphibians, or climate change, which is a major threat to virtually all species.

Hotspots and coolspots

We produced the first global map of human impacts on threatened species by combining the parts of each species range that are exposed to threats.
The overwhelmingly dominant global hotspot for human impacts on threatened species is Southeast Asia.

This region contains the top five countries with the most threats to species.
These include Malaysia, Brunei, Singapore, Indonesia and Myanmar.

The most impacted ecosystems include mangroves and tropical forests, which concerningly are home to the greatest diversity of life on Earth.

Hotspots of threats and threatened species richness.
Allan et al. Plos Biol., Author provided

We also created a global map of coolspots by combining the parts of species ranges that are free from human threats. This map identifies the last vestiges of wild places where threatened species have shelter from the ravages of guns, snares and bulldozers. As such, these are crucial conservation strongholds.

Coolspots include parts of the Amazon rainforest, the Andes, the eastern Himalayas, and the forests of Liberia in West Africa.

In many places, coolspots are located near hotspots. This makes sense because in species-rich areas it is likely that many animals are impacted whereas many others are not, due to their varying sensitivity to different threats.

Coolspots of unimpacted species richness.
Allan et al. Plos Biol., Author provided

What next?

There is room for optimism because all the threats we map can be stopped by conservation action. But we need to make sure this action is directed to priority areas, and that it has enough financial and political support.

An obvious first step is to secure threat-free refuges for particular species, via actions such as protected areas, which are paramount for their survival.




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To ensure the survival of highly impacted species with little or no access to refuges, “active threat management” is needed to open enough viable habitat for them to survive. For example, tiger numbers in Nepal have doubled since 2009, mainly as a result of targeted anti-poaching efforts.

Tackling threats and protecting refuges are complementary approaches that will be most effective if carried out simultaneously. Our study provides information that can help guide these efforts and help to make national and global conservation plans as successful as possible.


The authors acknowledge the contributions of Hugh Possingham, Oscar Venter, Moreno Di Marco and Scott Consaul Atkinson to the research on which this article is based.The Conversation

James Allan, Postdoctoral research fellow, School of Biological Sciences, The University of Queensland; Christopher O’Bryan, PhD Candidate, School of Earth and Environmental Sciences, The University of Queensland, and James Watson, Professor, The University of Queensland

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

To reduce fire risk and meet climate targets, over 300 scientists call for stronger land clearing laws



File 20190308 150700 3qu1wc.jpg?ixlib=rb 1.1
Without significant tree cover, dry and dusty landscapes can result.
Don Driscoll, Author provided

Martine Maron, The University of Queensland; Andrea Griffin, University of Newcastle; April Reside, The University of Queensland; Bill Laurance, James Cook University; Don Driscoll, Deakin University; Euan Ritchie, Deakin University, and Steve Turton, CQUniversity Australia

Australia’s high rates of forest loss and weakening land clearing laws are increasing bushfire risk, and undermining our ability to meet national targets aimed at curbing climate change.

This dire situation is why we are among the more than 300 scientists and practitioners who have signed a declaration calling for governments to restore, or better strengthen regulations to protect native vegetation.




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Land clearing laws have been contentious in several states for years. New South Wales relaxed its land clearing controls in 2017, triggering concerns over irreversible environmental damage. Although it is too early to know the impact of those changes, a recent analysis found that land clearing has increased sharply in some areas since the laws changed.

The Queensland Labor government’s 2018 strengthening of land clearing laws came after years of systematic weakening of these protections. Yet the issue has remained politically divisive. While discussing a federal inquiry into the impact of these policies on farmers, federal agriculture minister David Littleproud suggested that the strenthening of regulations may have worsened Queensland’s December bushfires.

We argue such an assertion is at odds with scientific evidence. And, while the conservation issues associated with widespread land clearing are generally well understood by the public, the consequences for farmers and fire risks are much less so.

Tree loss can increase fire risk

During December’s heatwave in northern Queensland, some regions were at “catastrophic” bushfire risk for the first time since ratings began. Even normally wet rainforests, such as at Eungella National Park inland from Mackay, sustained burns in some areas during “unprecedented” fire conditions.

There is no evidence to support the suggestion that 2018’s land clearing law changes contributed to the fires. No changes were made to how vegetation can be managed to reduce fire risk. This is governed under separate laws, which remained unaltered.

In fact, shortly after the fires, Queensland’s land clearing figures were released. They showed that in the three years to June 2018, an area equivalent to roughly 570,000 Melbourne Cricket Grounds (1,138,000 hectares) of bushland was cleared, including 284,000 hectares of remnant (old-growth) ecosystems.

Tree clearing can worsen fire risk in several ways. It can affect the regional climate. In parts of eastern Australia, tree cover reductions are estimated to have increased summer surface temperatures by up to 2℃ and southwest Western Australia by 0.4–0.8℃, reduced rainfall in southeast Australia, and made droughts hotter and longer.

Removing forest vegetation depletes soil moisture. Large, intact areas of forest typically have cooler, wetter microclimates buffered from extreme temperatures. Over time, some forest types can even become fire-resistant, but smaller patches of trees are typically drier and more flammable.

Trees also form a natural windbreak that can slow the spread of bushfires. An analysis of the 2005 Wangary fire in South Australia found that fires spread most rapidly through paddocks, rather than through areas lined with native trees.

Trends from 1978 to 2017 in the annual (July to June) sum of the daily Forest Fire Danger Index, an indicator of the severity of fire weather conditions. Positive trends, shown in the yellow to red colours, indicate increasing length and intensity of the fire weather season. Areas where there are sparse data coverage, such as central parts of Western Australia, are faded.
CSIRO/Bureau of Meteorology/State of the Climate 2018

Finally, Australia’s increasing risk of bushfire and worsening drought are driven by global climate change, to which land clearing is a major contributor.

Farmers on the frontline of environmental risk

Extensive tree clearing also leads to problems for farmers, including rising salinity, reduced water quality, and soil erosion. Governments and rural communities spend significant money and labour redressing the aftermath of excessive clearing.

Sensible regulation of native vegetation removal does not restrict existing agriculture, but rather seeks to support sustainable production. Retained trees can help deal with many environmental risks that hamper agricultural productivity, including animal health, long-term pasture productivity, risks to the water cycle, pest control, and human well-being.

Rampant tree clearing is undoing climate policy too. Much of the federal government’s A$2.55 billion Emissions Reduction Fund has gone towards tree planting. But it would take almost this entire sum just to replace the trees cleared in Queensland since 2012.




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In 2019, Australians might reasonably expect that our relatively wealthy and well-educated country has moved beyond a frontier-style reliance on continued deforestation, and we would do well to better acknowledge and learn lessons from Indigenous Australians with respect to their land management practices.

Yet the periodic weakening of land clearing laws in many parts of Australia has accelerated the problem. The negative impacts on industry, society and wildlife are numerous and well established. They should not be ignored.The Conversation

Martine Maron, ARC Future Fellow and Associate Professor of Environmental Management, The University of Queensland; Andrea Griffin, Senior Lecturer, School of Psychology, University of Newcastle; April Reside, Researcher, Centre for Biodiversity and Conservation Science, The University of Queensland; Bill Laurance, Distinguished Research Professor and Australian Laureate, James Cook University; Don Driscoll, Professor in Terrestrial Ecology, Deakin University; Euan Ritchie, Associate Professor in Wildlife Ecology and Conservation, Centre for Integrative Ecology, School of Life & Environmental Sciences, Deakin University, and Steve Turton, Adjunct Professor of Environmental Geography, CQUniversity Australia

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

Queensland’s new land-clearing laws are all stick and no carrot (but it’s time to do better)


Philippa England, Griffith University

The Queensland government passed legislation last month to prevent the clearing of high-value regrowth vegetation on freehold and Indigenous land. The move has been deeply unpopular with many landholders. They have argued that they are footing the bill for the commmunity’s environmental aspirations – without compensation.

The government’s intention was to reinstate a “responsible vegetation management framework”, broadly in line with legislation first passed in 2004, but which the Newman government repealed in 2013.




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But time has moved on since 2004. Instead of relying on a heavy-handed regulatory approach, a mix of carrots and sticks might have generated economic value for landholders, and reduced land clearing into the bargain.

Why landholders are fuming

Broadly speaking, landholders are worried the government hasn’t listened to their concerns and won’t pay for the land that is now effectively under state regulatory control. The parliamentary committee set up to report on the bill received more than 13,000 submissions (including 777 non-pro-forma submissions) – the largest number received by any committee of the Queensland parliament.




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The government itself has admitted stakeholders were not consulted in the preparation of the bill, although the department report cites a “substantial history” of consultation on many of its measures. Nevertheless, the Queensland Law Society felt that further consultation would have been appropriate given “the sensitive nature of this legislation”.

Many submissions raised concerns about information shortfalls, regulatory duplication and excessive red tape. The department’s fallback position was simply to argue that “the proposed amendments are consistent with the government’s 2017 election commitment”.

Ironically, it is not only landholders who have lost out financially. The Queensland government is now effectively in control of an additional 1.76 million hectares of land, which it intends to leave undeveloped. But, in today’s world, the carbon stored in this land has a market price as well as an environmental value, if it’s properly managed.

Better alternatives

With a little more preparation and creative thinking, the government might have been able to spare our vegetation, create a huge pool of lucrative carbon offsets ready to market to the world, and provide compensation to affected landholders.

For instance, instead of an outright prohibition on land clearing, the government could have put in place a three-year moratorium on land clearing. Landholders could then be given a chance to opt out of the moratorium by transferring their land to a permanent conservation covenant or similar arrangement.

Although some careful drafting would be required to ensure the offsets integrity standards and other regulatory requirements are met, landholders who opted out of the temporary moratorium could become eligible to earn carbon offsets, or any other available financial incentives.




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On the other hand, landholders who do not respond to this financial “carrot” would run the risk of being hit with the (uncompensated) “stick” of a more prescriptive approach (temporary or not) at the end of the moratorium period.

The government could help this transition along by helping landholders sign up for one or more of the various existing schemes for conservation covenants, carbon offsets and biodiversity offsets. One of the main factors preventing greater participation in these schemes is prohibitively high transaction costs, especially in the early stages.

I realise there is a degree of wishful thinking about this proposal. Several hurdles, particularly political ones, would need to be overcome. But if we want serious, fair and enduring land use reform, I think these options merit a more meaningful investigation.

At the moment, a heavy-handed sweep of a pen by politicians in Brisbane has locked both landholders and government out of the market for ecosystem services. Given that the government now essentially owns a huge store of carbon assets, it’s a missed opportunity.




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The ConversationWith a little more creative thinking, Queensland might have provided compensation to landholders at no cost to itself. Instead, it has used a regulatory hammer to impose rules that – judging by past performance – have no guarantee of surviving past the next election.

Philippa England, Senior Lecturer, Griffith Law School, Griffith University

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

Queensland’s new land clearing bill will help turn the tide, despite its flaws


Anita J Cosgrove, The University of Queensland; April Reside, The University of Queensland; James Watson, The University of Queensland, and Martine Maron, The University of Queensland

Queensland’s Labor government this month tabled a bill to tighten the regulation of land clearing. Queensland is by far the worst offender in this area, following a litany of reversals of vegetation protection.

After a period of tightened laws between 2004 and 2013, the Newman government set about unwinding key reforms during its 2012-15 term.

Following these changes, land-clearing rates quadrupled to almost 400,000 hectares per year, to the dismay of conservationists, with rising concern about the impacts on wild animal welfare and wider ecological impacts.




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The state’s Labor government, which retained power at the November 2017 election, made an election promise to tighten vegetation management laws. However, the bill is likely to be fiercely debated after the parliamentary committee tables its report next month.

Although the bill promises a steep reduction in land clearing, albeit without any firm target, there is likely to be a significant gap between what the government has promised and what its legislation may deliver in reality.

To explain why, let’s look in more detail at what the proposed legislation does, as well as what it doesn’t do.

High-value agriculture

The 2013 amendments legalised the clearing of mature forest for large-scale crop-growing developments. The bill will once again ban it, fulfilling Labor’s election promise, but it remains a major point of friction with agriculturalists.

This will not stop the roughly 114,000 hectares that have already been approved from being cleared. It would, however, stop any more approvals.

About 10% of clearing of mature forest is due to high value agriculture approvals.

Self-assessed clearing

Up to 67% of clearing of regulated vegetation is occurring under self-assessment provisions. No permit is required for this, provided that landowners follow the code and give notice of their plans.

Of this self-assessed clearing, about 60% is for “thinning”. The government has now recognised that “thinning is not a low-risk activity” and is removing the main provision that allows it, but is keeping some self-assessed thinning provisions, such as for advanced regrowth.

Other types of self-assessed clearing would continue, particularly the clearing of mulga forests for livestock fodder, albeit under a tighter code. This was a major concession to agricultural interests.

As the bill has not banned self-assessment outright, future land-clearing rates will ultimately depend on how stringent the new codes turn out to be in practice.

“Area Management Plans” are an older, parallel mechanism for allowing self-assessed clearing. Clearing under these plans accounts for up to 38% of clearing of regulated vegetation. The new legislation would phase out existing plans, but would retain a provision to make new area plans, including for thinning.

Google satellite image of remnant forest that was legally thinned under a self-assessable code in 2015. The top half shows intact forest, and the lower half thinned forest.
WWF-Australia

Regrowth

The government promised to protect “high conservation value regrowth”. This includes threatened ecosystems and species habitats that are needed for recovery. The new law would expand these definitions to regulate clearing of regrowing forests older than 15 years, and of regrowth alongside streams in all Great Barrier Reef catchments, not just the northern ones as at present.

This will bring more than a million hectares that are currently exempt under regulatory control, a major step forward. However, the bill excludes regrowth that has been “locked in” as exempt on property maps. Clearing of regulated regrowth may also still proceed under a new self-assessable code, which apparently lacks protections for endangered species habitats or ecosystems.

Exemptions

Exemptions pose a major stumbling block to the government’s promise to “protect remnant and high conservation value regrowth”. An area currently exempt on a regulatory map can be reclassified, and the government plans to do this for more than 1 million hectares of high conservation value regrowth. However, areas that have been “certified exempt” on a property map cannot be reversed – this represents 23 million hectares (13% of the state’s area). The government has reaffirmed its commitment not to reverse these exempt areas.

What’s more, the bill allows ongoing locking in of exemptions. This is a significant issue because more than 60% of all tree clearing is exempt. Most of this is in already locked-in areas, and a large fraction includes advanced regrowth of high conservation importance.

It remains to be seen how much the A$500 million Land Restoration Fund will protect these locked-in areas.




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In light of these loopholes and exemptions, the new law looks set to fall short of what the Queensland government has promised. This is primarily due to ongoing reliance on self-assessed clearing and exempt areas. However, the proposed legislation and funding together should go some way towards turning around Queensland’s soaring land-clearing rates.

Tree clearing will continue to be a hotly contested policy space, and not just in Queensland. New South Wales recently trod the same path, placing a heavily reliance on self-assessed codes. These were recently challenged successfully in court. A similar challenge is under way in the Northern Territory, citing the greenhouse emissions caused by a large-scale clearing approval.

The federal opposition has also pledged to tighten land-clearing controls in national legislation. The tide may well be turning, albeit only slowly so far.


The ConversationThe authors acknowledge the contribution of Dr Martin Taylor, Protected Areas and Conservation Science Manager at WWF-Australia and Adjunct Senior Lecturer at The University of Queensland.

Anita J Cosgrove, Senior Research Assistant in the Centre for Biodiversity and Conservation Science, The University of Queensland; April Reside, Researcher, Centre for Biodiversity and Conservation Science, The University of Queensland; James Watson, Professor, The University of Queensland, and Martine Maron, ARC Future Fellow and Associate Professor of Environmental Management, The University of Queensland

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

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


Samantha Hepburn, Deakin University

Australia has national environment laws – the Environment Protection Biodiversity Conservation Act (EPBC Act). Yet given the staggering rates of land clearing taking place, resulting in the extinction and endangerment of plants and animals in Australia, these laws are clearly not working.

About 395,000 hectares of regrowth and old growth vegetation were cleared during 2015-16 in Queensland. Australia is set to clear up to 3 million hectares of native forest by 2030, and more than 1,800 plant and animal species are currently listed as threatened nationally.




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When the EPBC Act was first implemented in 1999, the idea was for it to provide reinforced federal environmental protection to areas of national environmental significance. But in reality, many projects that come within the ambit of the Act are not rigorously evaluated for their environmental impact.

Why isn’t the EPBC Act working?

Land clearing was listed in the 2001 and 2006 State of the Environment Reports as one of the greatest threats to biodiversity.

Deforestation and excessive land clearing fundamentally impacts existing biodiversity, damages fragile ecosystems, destroys wildlife habitat, and increases greenhouse gas emissions. In Queensland, where much of the land clearing is taking place, the state law (Vegetation Management Act) is not strong enough to diminish incentives for land clearing. Yet the national environmental laws have not provided greater protection.

There are several reasons for this. While land clearing is indirectly regulated by the EPBC Act due to the significant impact it can have on the environment, land clearing is not directly addressed by the EPBC Act.

As it stands, land clearing will only attract EPBC Act application where it can be established that it impacts a directly protected entity such as a World Heritage area, Ramsar wetland, threatened species, ecological community, or migratory species. If this connection cannot be established, no environmental assessment under the EPBC Act will occur.

Even where projects do attract the application of the EPBC Act, its capacity to advance best practice environmental impact assessment is highly questionable. One of the biggest problems is that the process of assessment is insufficiently robust.




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This problem is evident in other environmental issues too. Where a bilateral state and federal assessment is approved, as was the case with the Adani coalmine, the federal department often relies on state counterparts to undertake a thorough environmental assessment. Many of the proposals evaluated by state departments are assessed with reference to the least onerous environmental impact assessment available.

This documentation is generally prepared by the project proponent. Unsurprisingly, as a consequence, many of the projects that are evaluated under the EPBC Act are approved, subject to the imposition of environmental conditions. This means the environmental conditions need to be carefully monitored if environmental protection is to be optimised.

This creates a new set of problems. Where a breach is alleged, it must be proved and appropriate sanctions enforced. In reality, this rarely happens, and the sanctions that are imposed can be woefully inadequate. For example, Adani was fined A$12,000 for breaching an environmental condition relating to the release of coalwater in Abbott Point coal terminal, which flowed into the fragile Caley Valley Wetlands.

The substantive problem with the EPBC Act is that its implementation is subject to departmental discretion and therefore the vagaries of government administration. This is particularly problematic given the political nature of many of these decision-making processes.

Lack of rigorous scrutiny

In circumstances where, for example, there is a need to challenge the approval of a resource title in light of its environmental consequences, the EPBC Act relies heavily on environmental groups or other third parties to scrutinise the federal decision-making process.

For example, the Australian Conservation Foundation took strong action in challenging the issuance of the mining licence for Adani’s proposed Carmichael coal mine. It argued the endangered species and climate change impacts were insufficiently taken into account by the then Environment Minister Greg Hunt in exercising discretion under the EPBC Act.




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The case was dismissed because the Federal Court found that this decision was authorised by the discretions included within the EPBC Act. The minister was therefore within his power to decide not to take account of the climate change impacts of such a vast new coalmine. This is concerning given the profound impact that climate change can have upon fragile ecologies in areas of national environmental significance.

These findings indicate a lack of preparedness by the federal minister to accept a causal connection between climate change and domestic coal production, and to focus on narrow jurisdictional boundaries and strict domestic obligations. It also strongly highlights the deficiencies of our national environment act because the existing triggers do not address some of the most important environmental concerns of the modern world.

New environment laws urgently needed

Climate change is almost universally accepted as one the most serious environmental threats. Yet the EPBC Act does not include a climate change trigger (or a land clearing trigger, as discussed above).

This means these key threats to Australia’s environment will not be protected by EPBC Act. They may attract the EPBC Act indirectly, but only if it can be established that they raise a different trigger that is listed under the Act. This calls into question the capacity of our national environment laws to truly protect areas of national environmental significance.

The ConversationIn order to reverse unacceptable rates of land clearing, preserve ecosystems and habitats and diminish greenhouse gas emissions, a new framework for our national environment act is urgently needed.

Samantha Hepburn, Director of the Centre for Energy and Natural Resources Law, Deakin Law School, Deakin University

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

Land clearing isn’t just about trees – it’s an animal welfare issue too



File 20170704 10704 10o5p14
This quenda seems to have been a victim of land clearing.
Colin Leonhardt/Birdseyeviewphotography.com.au, Author provided

Hugh Finn, Curtin University

Tens of millions of wild animals are killed each year by land clearing across Australia, according to our research on the harm done to animals when native vegetation is removed for agricultural, urban and industrial development.

As my colleague Nahiid Stephens and I point out in our study, this harm to animals is largely invisible, unlike the obvious effects of clearing on trees and other plants. But just because something is invisible, that does not mean it should be ignored.

We argue that reforms are necessary to ensure that decision-makers take wild animals’ welfare into account when assessing development proposals and land clearing applications.

How does land clearing harm animals?

Land clearing harms animals in two basic ways. First, they may be killed or injured when native vegetation is removed, typically through the use of earth-moving machinery. For example, animals may suffer traumatic injuries or be smothered when vegetation is cut or soil and debris are shifted.

Second, the removal of native vegetation puts animals in harm’s way. Those that survive the clearing process will be left in an environment that is typically hostile, unfamiliar or unsuitable. Animals are likely to find themselves in landscapes that are devoid of food and shelter but filled with predators, disease, and increased aggression from members of their own species as they struggle to make a living.

Land clearing causes animals to die in ways that are physically painful and psychologically distressing. Animals will also suffer physical injuries and other pathological conditions that may persist for days or months as they try to survive in cleared areas or other environments to which they are displaced.

Many reptiles and mammals are territorial or have small home ranges, and thus have strong associations with small areas of habitat. Koalas in urban areas, for example, tend to rely on particular food trees. Likewise, lizards and snakes often rely on particular microhabitat features such as logs, rocks, and leaf litter to provide the combination of temperature and humidity that they need to survive.

Laws are not protecting animals

Land clearing remains a fundamental pressure on the Australian environment. While the regulatory frameworks for land clearing vary greatly across the Australian states and territories, the principal statutes that govern native vegetation clearance in most jurisdictions typically contain some sort of express recognition of the harm that land clearing causes, such as the loss or fragmentation of habitat, land degradation, and salinity.

Habitat lost: land cleared for the now-discontinued Perth Freight Link road project.
Colin Leonhardt/Birdseyeviewphotography.com.au, Author provided

Yet these regulations are uniformly silent on the issue of how land clearing harms animals. No state or territory has developed a clear framework to evaluate this harm, let alone minimise it in future development proposals.

This failure to recognise animal welfare as a significant issue for decision-making about land clearing is troubling, especially given the scale of current land clearing. In Queensland, for example, an estimated 296,000 hectares of woody vegetation was cleared in 2014-15, nearly all of which was for the purpose of converting native vegetation to pasture. In our study we estimate that, on the basis of previous studies and current estimates of clearing rates, land clearing in Queensland and New South Wales combined kills more than 50 million birds, mammals and reptiles each year.

What reforms are necessary?

We suggest that two basic reforms are required. First, state and territory parliaments should amend the laws that govern environmental impact assessments and native vegetation clearance, to require decision-makers to take animal welfare into account when assessing land clearing applications.

Second, we urgently need accurate ways to evaluate the harm that proposed clearing actions may cause to individual animals. Animal welfare is broadly recognised as an important social concern, so it makes sense that in a situation where we know animals are being harmed, we should take steps to measure and prevent that harm.

The basic aim of any reform should be to ensure that the harm that land clearing causes to individual wild animals is appropriately considered in all forms of environmental decision-making and that such evaluations are based on clear and objective criteria for animal welfare.

At a minimum, those who apply to clear native vegetation should be required to provide an estimate of the number and type of native animals that will be killed by the proposed land clearing. This would ensure that all parties – applicants, decision-makers, and the community – understand the harm that the clearing would cause. These estimates could be made by using population density information for species that are likely to be affected – an approach that has been already been used.

We also need to revise our perceptions about the usefulness and necessity of land clearing in Australia. A better idea of what is “acceptable” would include not only the environmental costs of clearing an area of native vegetation, but also the individual suffering that animals will experience.

Issues of causation and responsibility are critical here. While it’s unlikely that someone who wants to clear land actually wants native animals to suffer, such suffering will nevertheless be an inevitable consequence. The relevant question is not whether animals will be killed and harmed when land is cleared, but how much of that harm will occur, how severe it will be, and whether it ought to be avoided.

The ConversationIf such harm is deemed necessary – based on an accepted system for weighing the potential benefits and harms – the next question is how the harm to animals can be minimised by, for example, keeping the amount of vegetation to be cleared to a minimum.

Hugh Finn, Lecturer, Curtin University

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