Friday, October 4, 2024

Board defends powers

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The Limestone Coast Landscape Board says it seeks to engage with landholders and offer support and information to manage an issue.

Limestone Coast media and communications officer Andrea Bartetzko also explained how landscape boards can in some circumstances enter homes and properties without permission from landholders, and without a warrant.

Ms Bartetzko said the board did not submit a request to the Landscape Act review to be able to seize documents and property without a warrant.

She highlighted recommendation 60 of the Independent Review of the Landscape Act which proposed to: “Strengthen the power of authorised officers to execute greater compliance and enforcement actions on-ground.”

Reasoning and support for that recommendation and four other recommendations, including a call to seize documents without a warrant, sit on page 40 of the Independent Review of the Landscape Act by John Hill.

Currently, Ms Bartetzko said a warrant was required to enter and inspect a residential premises “unless an authorised officer believes, on reasonable grounds, that a Category 1 or Category 2 animal may be present”.

Such animals can include feral deer and goats.

“The Limestone Coast Landscape Board seeks to engage with landholders and offers support and information to manage an issue,” Ms Bartetzko said.

“For example, the board has an African Lovegrass (ALG) control program with PIRSA and has written to over 400 landholders advising of support available to control ALG.

“Compliance action will only be taken where a landholder is failing to meet their obligations under the Act, which leads to impacts on other landholders and reduced effectiveness of our programs.

“To achieve the objectives of the Act, when necessary, the board utilises all prescribed powers, this includes entering properties without permission.

“These powers are similar to those held by the Environment Protection Authority, Native Vegetation Council and various other authorities which administer legislation.”

Farmers turn to Jake Nicholson

However, some farmers dismayed by the Landscape Board’s “threatening” approach and who fear retribution have turned to fellow farmer, hunter and businessman Jake Nicholson.

Mr Nicholson on February 3 hosted a Wild Deer Community Forum in the Naracoorte Town Hall.

Attended by 300 people, participants included Upper House members Ben Hood and Nicola Centofanti as well as Member for Barker Tony Pasin.

Mr Nicholson said he had recently been exposed to circumstances where the board was utilising all its current powers against some landowners “to enforce compliance to the Act”.

“Unfortunately, in a few of these circumstances I believe that this process has been unfair, unjust and simply avoidable,” Mr Nicholson said.

“Common sense and understanding are seemingly a thing of the past.”

Mr Nicholson highlighted submissions made to the Landscape Act review.

Of 46 submissions by individuals willing to use their names, he knew 41 of them.

“This is a huge percentage of that total. I’m sure their opinions and suggestions would highly likely mirror those portrayed at the Wild Deer Community Forum,” Mr Nicholson said.

“The community wants a more economical, ethical, inclusive approach to wild deer management.”

He rejected the need for any landscape board to strengthen its compliance powers or have the ability to seize documents without a warrant.

“Under the current legislation, Landscape Boards already have the power to access your properties without permission or notice,” he said.

“Isn’t that enough power already? Too much even?

“To be seeking more power than that seems outrageous.”

Mr Nicholson gave an example of a farmer who recently received a phone call only minutes before several government officials from different departments entered his property, without permission.

They wanted “to have a look around to ensure compliance and gather evidence”.

“It doesn’t give you the feeling that they are working with you, more like against you,” Mr Nicholson said.

“With the department’s strong stance and enforcement path, it seems that some people are being targeted and treated differently to others.”

The Naracoorte News 11 September 2024

Related story: Powers tougher than ASIO for Landscape Boards
This article appeared in the Naracoorte Community News.

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