Living With the Bush

Bushfires: planning scheme exemptions - Questions without Notice

Mr BARBER (Northern Metropolitan) — My question is for the Minister for Planning, and it relates to the announcement yesterday of the interim measures for bushfire protection and the exemption from planning scheme controls for native vegetation. The minister has now given us a photocopy detailing how the amendment will work.

One of the provisions says that the removal, destruction or lopping of any vegetation, except for trees, within 30 metres of a building used for accommodation is exempt. The minister said that the purpose of this is to clarify the rules. Across the 50-plus municipalities where this will apply, what is the definition of a tree?

Mr Viney — On a point of order, President, my understanding is that the minister gave notice of this matter in the Parliament today and it is listed on the government’s notice of motion for debate tomorrow, and I just raise the matter of anticipation.

Mr Barber — On the point of order, President, Mr Viney might be half right, but there are two different processes going on here. One is the matter we will be debating tomorrow, but the other is a totally separate gazettal of a planning scheme amendment which will apply to all municipalities, and that is the mechanism the minister is proposing to put in place, even without a parliamentary debate, which is not required. That is what I am asking him about.

The PRESIDENT — Order! On the point of order, the minister has given notice that there will be a motion to be debated on the amendment on another matter tomorrow. It is my view that the matter being raised by Mr Barber now is separate to that and in my view therefore in order.

Hon. J. M. MADDEN (Minister for Planning) — I do not have before me a specific technical planning definition of what a tree is — and I look forward to Mr Barber’s supplementary question around trying to seek a definition of what might be undergrowth, a shrub or a tree — but I am happy to provide him with the exact specific technical dimensions of what a tree might be, how it is considered to be a tree, and I will provide it to him on notice.

Supplementary question

Mr BARBER (Northern Metropolitan) — Given the lack of clarity to this measure, how will this interim measure be monitored, because the minister has said it will be reviewed over the coming 12 months?

Hon. J. M. MADDEN (Minister for Planning) — There will be probably be two measures, I suspect, that will inform us over the next 12 months whether these measures have been successful or not, and one of them will be the impact over the summer and seeing whether this has been of any significance or consequence in relation to the next fire season, and the ability for people to take up the opportunity, if they believe it is an opportunity they want to take up.

The other issue that will no doubt also inform us is the final response from the bushfire royal commission, and on the basis of both of those efforts, as well as on-the-ground technical assessment from officers in the region, conversations with local governments and a number of those sorts of measures. No doubt they will inform us, as will the events that occur over the next 12 months, whether we need to make adjustments in one direction or the other in relation to these measures that were introduced yesterday.

Hansard Legislative Council, 2nd September 2009