samantha in the press - local laws

No cheep answer
Mail Newspapers
by Casey Neill
2 Nov 2010

samantha in the press - local laws

Yarra-Ranges bird scare law won't fly
Yarra Ranges Weekly
by Elisa Miller
2 Nov 2010

electronic bird scarers, local law still not right

report from the roundtable - 26 oct

Council had to consider the final version of the Electronic Bird Deterrent Local Law 2010. The law has been before us twice before.

It is a complex matter and raises the issues of tensions between agriculture, environment and residential areas when they're next door to each other.

I seconded a motion to resolve not to proceed with the making of the proposed local law and that the draft law be reconsidered as part of the Scare Gun Local Law review to commence in 2011.

I didn't want to see the draft law proceed for a number of reasons.

As it currently stands the draft law does not solve environmental issues and does not solve farmer's issues.

I was concerned that the exclusions zones prescribed did not go far enough or cover enough species. I thought that there should be at least a 1000mt exclusion zone, not only from Helmeted Honeyeaters, but known nesting sites of Powerful Owls and Sooty Owls too. The officer's report supported the suggested exclusion zones did take account of literature on the subject but it is my view that the literature in relation to this issue is far from conclusive.

I also had concerns about the times prescribed for use of the devices, farmers weren't allowed to use the devices before 7:00am and birds would have no trouble destroying a crop between sunrise and 7:00am.

This is netting over an apple orchard in Lysterfield. Netting can benefit farmers in many ways, it stops the prevalence of blemishes, sunburn and rub on fruit, stops hail damage as well as reducing chemical and water use, it also keeps birds and bats at bay too.

I had concerns about the electronic devices not being the most effective way to control birds and cited a recent report by the federal Department of Agriculture, Fisheries and Forestry, Managing Bird Damage to Fruit and Other Horticultural Crops. "Birds ignore sounds afer a short time if they are repetitive, emanate from the same point source, and pose no physical threat."

Council's Green Wedge Management Plan talks about council supporting sustainable farming and in my view electronic bird scaring devices are not the most sustainable choice for crop protection. It is my view that the more sustainable option to protect crops is netting, the DAFF report says "Netting overcomes concerns about the use of chemicals, animal welfare issues, and restrictions on the use of acoustic devices".

I don't think the draft law as it stands got it right, there's too many issues still outstanding and I think it needs more work. It really is a complex issue which needs more examination. The majority of councillors agreed.

Councillors for the motion:
Crs Samantha Dunn, Tim Heenan, Graham Warren, Chris Templar, Terry Avery and Len Cox
Against:
Crs Jeanette McRae, Richard Higgins and Noel Cliff.

samantha in the press – bird scaring devices

Frightening birds

Mail Newspapers

by Kath Gannaway

24 Aug 2010

electronic bird scaring devices – out for comment

report from the roundtable – 10 aug

At last week's meeting council had to consider whether it was going to release for public comment the draft Electronic Bird Deterrent Local Law 2010.

I moved a motion to call for public submissions and give public notice of council's intention to make the local law. In speaking to the motion I talked about the unease I had about various elements of the law as it currently stands, particularly in relation to its silence on exclusion zones for species such as the Powerful Owls.

I talked about the importance for community input in relation to the local law as it is controversial in its nature given the span of hours of operation, noise generation and potential to effect fauna.

I also expressed concerns that I didn't believe that Electronic Scare Guns come under the definition of Sustainable Farming as outlined in the council report and council's recently endorsed Green Wedge Management Plan. To me, nets are a far more sustainable farming option, although an expensive option out of reach to some farmers. I think there's a strong advocacy role for council to play in relation to gaining support for farmers to use netting.

I look forward to public submissions on the local law, it's a complex matter, and I think it's important to hear community views.

electronic bird scarers – more work to be done

report from the roundtable – 23 feb

At this weeks council meeting councillors had to consider the creation of a new local law to control the use of Electronic Bird Deterrent devices.

The devices emit a noise of distressed and dying birds and are used by some fruit growers to deter birds from eating their crops.

Concerns about the new law have been raised by farmers, environmentalists, tourism operators all raising different points of contention about the law.

I held concerns about the effect of the devices on wildlife particularly Helmeted Honeyeaters, Powerful Owls and other endangered species in the shire. After hearing submissions I moved a motion to defer council’s decision to make the new local law.

Motion:
That Council defer the decision to make an Electronic Bird Deterrent Local Law 2009 until Council has considered the Green Wedge Management Plan recommendations and explore the opportunity for exclusion zones for Endangered fauna listed under the Commonwealth Environment Protection and Biodiversity Conservation (EPBC) Act 1999 and the Flora and Fauna Guarantee Act.

In supporting the deferral I spoke about the complexity of the new law, which was created because of the impact on people, however we are yet to be certain about the impact on wildlife. I think we have a responsibility to protect our endangered species and needed to do some work on identifying exclusion zones for the devices to be included within the local law.

We are very fortunate in Yarra Ranges to have Powerful Owls and Helmeted Honeyeaters and to ensure their ongoing best interests we need to use the precautionary principle when considering the impacts of these devices on these and other birds.

It is an issue where no one will be happy, because the local law doesn’t fulfil anybody’s needs, there is much more work to be done. One submitter reported to council that the VFF have suggested council give more time to the consideration of the local law as the EPA are currently drafting new guidelines for farming zones. This may have a direct impact on the operation of the local law which relies heavily on the EPA’s N3/89 Interim guidelines for the control of noise from industry in country Victoria which was released in 2000.

The consideration of Electronic Bird Deterrent devices also raises an advocacy role for council for assistance to farmers trying to protect their crops. Netting is a much more successful way to protect crops, with very little crop loss and the added benefits of quietness, however it is very expensive for farmers.

We are a unique shire, rich in environmental assets, with stunning vistas, high quality produce from a range of growers and farmers and a large and growing tourism industry. Balancing these is a complicated matter. Given the complexity of all the issues it was prudent to defer the making of the local law, councillors agreed and voted unanimously for a deferral.