1. SA’s Native Vegetation Laws: is a risk based approach risky for the environment? Melissa Ballantyne- Solicitor

2. Where are we now? Biodiversity decline continuing Complex legislation and policy Legislative reform needed ( objective 5.2 No Species Loss Strategy) Native Vegetation Act & Regs have been critical in reducing broad scale land clearing in SA Exemptions though reduce it’s effectiveness DEWNR reviewing native vegetation management First stage – review current regs- permitted clearing Second stage - new regulations – third party offsets 2

3. Risk based approach to native vegetation management? First proposal – proponents to determine the risk based pathway – pathway decision used to determine whether clearance application needed or no approval required Issues Proponents have a conflict of interest Proponents lack skills/knowledge to make determinations Increase risk to eg threatened species Who will check and monitor decisions?

4. Advantages of Activity Based System Certainty Experts are assessing biodiversity value Independent assessments No conflict of interest situations Greater transparency and accountability Enables comprehensive reporting and auditing of applications and decisions

5. Victorian Experience Reliance on inaccurate datasets and maps generated by these Failure to confirm accuracy of maps Failure to properly identify what is being cleared Increasing clearance as proponents supply insufficient information based on inaccurate mapping

6. Latest Proposal Hybrid approach 4 pathways for application, assessment and approval processes relating to specific activities 5 th pathway is the clearance application process under the NV Act Online portal to guide proponents through to the relevant pathway

7. EDO Recommendations Any change to regulations must enhance NV protection consistent with ESD principles be evidence driven Enhance accountability and enforcement Cumulative impacts should be considered Regs in Act? If move to risk based approach must be evidence driven, records kept, properly resourced