I have just finished writing a submission – here are a few ideas that occurred to me while doing so which might be of assistance or inspiration to others:


1. In general terms, the biggest impact of native vegetation laws is on private property rights. The key point is that these laws deprive owners of their right to control what they do with their own land, which is very bad for both freedom and wealth generation. Anyone could make this point in a submission, even if they don’t think they are personally affected (even though everyone is, indirectly). There is plenty of literature on the Internet about the importance of protecting private property rights that could be used to help make the point.


2. It is very difficult to quantify how these laws have impacted on landowners. It’s a bit like trying to predict the future. All we do know is that things would be different, but there are all sorts of problems trying to prove how much different they would be. I know I would certainly be a lot wealthier...

 

3. I think it is a good idea to try and come up with suggestions for fixing the problems. If nothing else, it may put ideas in the minds of some politicians and bureaucrats. I’ve mentioned things like setting aside the Intergovernmental Agreement on the Environment, or the states withdrawing from it; amending native vegetation legislation so it only applies to government-owned land; and requiring bureaucrats to address the impact on private property rights when they produce their reports and recommendations.

Tags: inquiry, native, private, property, rights, senate, submission, vegetation

Views: 9

Replies to This Discussion

Hi Alex

I have just drafted my submission together and Im getting a friend to help proof read it but I put these reccomendations in and would like any feed back

A) Repeal all Native Vegetation Legislation thus restoring land rights to farmers.

B) Set in place an incentive scheme that recognises and financially rewards landowners for maintaining and enhancing native vegetation on their property.

C) Ensure that industry and the wider community pay for any compensation or incentive to landowners ie: "If you want my land then pay for it "

D) Commit to the provision of Just Terms and insist that where land tenure is compromised that compensation is payed.

I won't be back on line till later but again any feed back thanks.
Liz I think - good. Also, I think incentives always "work" better than "punishment" (for want of a better word...) incentives do bring about creativity (and a cooperative spirit) ie an incentive is a positive motivation - "locking up" probably results in an overall "less good" outcome in terms of the public good that is meant to come about from native legislation vegetation..
Thanks for sharing your thoughts: Excellent.

I've started my submission and was going to discuss these negative outcomes of the legislation:
1. Erosion of property rights (which are foundational to freedom)
2. Loss of productive farmland, when we have an obligation to feed ourselves and others.

For recommendations, good list from Liz. The Productivity Commission from 2004 agrees. I'm thinking of attaching the Overview to my submission. Here's the link http://www.pc.gov.au/__data/assets/pdf_file/0004/77863/overview.pdf

Regarding the wider community paying, my mind has been pondering an "environment levy", which would be something like the Medicare Levy. (Last financial year the Medicare Levy, at 1.5%, brought in over $8 billion.) It probably wouldn't be very popular, though ....

Julene
Well done Julene and thanks for the link - "stuff" that I instinctinctively "felt" (and had been told) ie "native vegetation" laws are a BLUNT instrument and counterproductive is there!!!!
Thanks for drawing attention to the PC report. The illustration showing the extent of native vegetation says it all – why do we even need to be talking about ‘protecting’ native vegetation when it covers most of the country?

However I don’t like the way they fenced off the issue of private property rights from the outset: “The inquiry is not about arguing the case for or against promotion of environmental objectives - the desired extent, location and condition of native vegetation is for the community to determine”.

The proper way for ‘the community’ to express the desired extent, location, and condition of native vegetation is to let each individual owner freely manage it on his own property without outside interference. In other words, to respect private property rights. Only then will we see what it is that ‘the community’ truly wants. Anything else is simply the imposition of ends that some want, but are not prepared to pay for, upon others, in a process that undermines the foundations of our society.

I've come across this type of thing a lot in my dealings with government. The premises must never be challenged - debate is only permitted on the detail and methods of execution. Reminds me of stories of the SS debating over the most efficient way to murder...

I note that the PC report used the term ‘landholder’ throughout, as does the wording in the Terms of Reference to the current inquiry. Another example of the subtle way language is used to shift perception and meaning – we are no longer landowners, but merely landholders, compelled to follow the plans of the true owners, the government...
Hi Alex

very relevant. I like what you said about landholder Ive been on about that for years. All through my submission I have refered to us as landowners and I hope that this gets up their noses just a little(well maybe alot)
You're right about the terminology - there is a difference. I have been using landholder and landowner interchangeably. I'll fix that in my proof-reading!
Julene
Got mine in Friday afternoon - so pleased to have got that done!
Julene
Hi Liz,
Was just about to email you to see if you had drafted a submission ... and then I found this excellent thread. Thanks, I'll try to put something together before the 17th.
Mark
Another point about terminology in submissions etc.
These infringements on property right affect many industries and not just farmers. As Peter has highlighted, it has affected the fishing industry and in our own case, it could seriously impact on our Rural Tourism business, even though our land is not particularly suitable for farming and is prposed to be re-zoned E3 under the NSW draft LEP standard Instrument. It could widen the appeal if we are mindful that this can affect all sort of property owners, in our communications.
Mark

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