Media Release – Department can’t rule out if cows eating grass could break ‘land clearing’ laws

Could cows eating grass now trigger a land clearing event under Labor’s new environment rules?

That is the short-bladed question the Department of Agriculture, Fisheries and Forestry told Senate Estimates it needs to get clarity on, after the National Environment Protection Agency (EPA) released its Agriculture and the EPBC Act guide in August.

Trouble is, the new amendments have removed the continuing use exemption for clearing vegetation, where the land has not been cleared of vegetation for 15 years.

Leader of The Nationals Matt Canavan said the guide now defines a ‘clearing event’ and ‘land clearing’ to include removing native or non-native vegetation from land that changes any of its use, structure or ecological function. This includes non woody vegetation, including grass.

The guide measures the 15-year clock from the ‘last clearing event’.

Senator Canavan said Labor must clarify if Australian farmers are now subject to the expanded EPA regime and, if so, does that include cows eating grass?

“If cows eating grass is a clearing event, the new regulations say that the continuing use provision only applies if land has been cleared in last 15 years,” Senator Canavan said.

“Therefore, would the simple act of grazing now trigger a land clearing event under this guide? And what would that mean for farmers?

“This isn’t about the impact but the definition of whether or not a change has occurred and if that change in the arrangement is restricting the continuing use provision.

“Australia is in big trouble if cows eating grass on farming land is now potentially breaking laws. Farmers cannot exactly ‘pause’ to get clarity either – their cows must eat every day.”

National Farmers’ Federation and AgForce have previously stated they do not support the new guide. The EPA has committed to review it within three months, due in early November.

National Farmers’ Federation CEO Michael Guerin said if this discussion tells us anything, it’s that environmental regulation should be easier to understand and navigate.

“Farmers shouldn’t have to second-guess how the rules apply to everyday land management activities,” Mr Guerin said.

“What producers need are clear rules, practical guidance and better decision-support tools to help them make the right decisions with confidence, protect the environment and continue sustainably managing their land.

“The NFF has long questioned why a few cows quietly grazing can be considered a key threatening process in some circumstances, while European carp, one of the most significant threats to native fish populations, water quality and river health, was not recommended for the same classification by the Threatened Species Scientific Committee. There appears to be a disconnect in the way risks are being assessed and prioritised.”

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