Showing posts with label flora and fauna. Show all posts
Showing posts with label flora and fauna. Show all posts

Thursday 11 January 2024

Federal Court of Australia dismisses historic logging case, January 2024

 

On 10 January 2024 the Federal Court of Australia handed down its judgement in North East Forest Alliance Inc v Commonwealth of Australia [2024] FCA 5.


In part the judgment read:


10 CONCLUSION


1. INTRODUCTION AND SUMMARY OF CONCLUSIONS


1 On 31 March 2000, the first respondent, the Commonwealth, and the second respondent, the State of New South Wales (NSW or the State), entered into an intergovernmental agreement being the Regional Forest Agreement for North East New South Wales (Upper North East and Lower North East) (the NE RFA). The purpose of the NE RFA included establishing “the framework for the management of the forests of the Upper North East and Lower North East regions”: recital 1A of the NE RFA. The NE RFA provided that it was to remain in force for 20 years from 31 March 2000, unless terminated earlier or extended in accordance with its provisions: clause 6 of the NE RFA. Subsequently, the Commonwealth Parliament enacted the Regional Forest Agreements Act 2002 (Cth) (RFA Act). A primary purpose of the RFA Act is to reinforce the certainty which the NE RFA and other RFAs between the Commonwealth and States were intended to provide for regional forestry management by “giv[ing] effect to certain obligations of the Commonwealth under Regional Forest Agreements”: s 3(a) of the RFA Act.


2 Shortly before the expiry of the 20 year period for the NE RFA, on 28 November 2019 the respondents executed the “Deed of variation in relation to the Regional Forest Agreement for the North East Region” (the Variation Deed). The Variation Deed stated that it “amend[ed] the Regional Forest Agreement on the terms and conditions contained in this deed”: Variation Deed, Preamble B. As described in further detail below, one effect of the Variation Deed was to extend the NE RFA at least by a further 20 years.


3 The applicant, North East Forest Alliance Incorporated, seeks a declaration pursuant to s 39B of the Judiciary Act 1903 (Cth) that the NE RFA as amended by the Variation Deed (the Varied NE RFA) is not a “regional forest agreement” within the meaning of s 4 of the RFA Act. The consequence of so holding would not be that the Varied NE RFA is invalid, as the applicant accepts. Rather, the consequence relevantly would be that neither s 38 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) nor s 6(4) of the RFA Act would apply so as to exempt forestry operations undertaken in accordance with the Varied NE RFA from the approval processes under Part 3 of the EPBC Act.


4 In essence, the applicant contends that the Varied NE RFA is not an RFA for the purposes of the RFA Act because, in amending the NE RFA, regard was not had to an “assessment” of “environmental values” and “principles of ecologically sustainable management” as required by paragraph (a) of the definition of an RFA in s 4 of the RFA Act. This is because, in the applicant’s submission, of the failure in the materials before the Prime Minister, who executed the Variation Deed on behalf of the Commonwealth, to sufficiently evaluate those matters and to do so on the basis of reasonably contemporaneous information.


5 Those submissions are rejected for the reasons which I develop below. First, properly construed, there is no requirement that regard must be had to an assessment before an RFA is amended, including by extending its term, in order that the intergovernmental agreement continue to meet the definition of an RFA. That requirement applies only where the parties enter into an RFA. Secondly and in any event, there is no implicit requirement that an assessment must be sufficiently evaluative and reasonably contemporaneous in order to satisfy the condition in paragraph (a) of the RFA definition. Rather, the question is whether, objectively speaking, regard was had to assessments of the values and principles referred to in paragraph (a) of the definition of an RFA. Thirdly, applying that test, the evidence establishes that the materials before the Prime Minister, and in particular the “Assessment of matters pertaining to renewal of Regional Forest Agreements” (Assessment Report), addressed each of the values and principles referred to in paragraph (a) of the definition of an RFA. That being so and there being no issue that the Prime Minister had regard to the materials attached to the Prime Minister’s brief, the applicant has not established that the Varied NE RFA is no longer an RFA for the purposes of the RFA Act, even if an assessment was required before the RFA was amended. It follows that the application for relief must be dismissed.


6 Finally, it is important to stress that the effect of an RFA is not to leave a regulatory void with respect to the forest regions covered by the NE RFA. Rather, as I explain below, an RFA provides an alternative mechanism by which the objects of the EPBC Act can be achieved by way of an intergovernmental agreement allocating responsibility to a State for regulation of environmental matters of national environmental significance within an agreed framework. As such, the question of whether or not to enter into or vary an intergovernmental agreement of this nature is essentially a political one, the merits of which are matters for the government parties, and not the Courts, to determine.


In essence the judgment was stating that legislation, rules and regulations governing New South Wales forestry agreements allow for the Commonwealth and the NSW governments to vary agreements as they see fit, regardless of contemporary environmental realities existing within public and private native forests which potentially place natural biodiversity and vulnerable/threatened wildlife species at risk through depletion of flora and fauna habitat or complete loss of habitat.


The judgment also noted that there are clauses within the North East Forest Agreement (NSRFA) which did not create legally binding obligations on either the state government or NSW Forestry Corporation. That there was no requirement that an RFA must impose legally enforceable obligations in order to constitute an RFA for the purposes of the RFA Act. Indeed, that Commonwealth has the ability to pass legislation or subordinate legislation, which are inconsistent with the NE RFA.


These failures of policy and law meant there was no requirement for new comprehensive regional assessments to be undertaken before a variation deed was executed in relation to the NE RFA which covers the NSW North Coast region from South West Rocks to the NSW-Qld border.


The judgement in North East Forest Alliance Inc v Commonwealth of Australia clearly made no finding in relation to the environmental sustainability of logging operations. A fact that the Environmental Defenders Office noted in its response as solicitor for the appellants, North East Forest Alliance Inc.


This did not stop lobby group Forestry Australia quickly sending out a media release misleadingly trumpeting:

"Our Regional Forest Agreements (RFAs) time and time again have proven to be a successful way of sustainably managing Australia’s forests for all their values, and the Federal Court has confirmed this today."


Sunday 16 July 2023

Tree by tree and hollow by hollow, regional coastal villages are being made over into the almost sterile landscapes of distant metropolises

 

All up and down the NSW coastal zone local residents are involved in conversations like this and, as in this case, local government staff are well aware of what is happening.


Concerning DA 2022/0100 - tree removal and erection of a shed - at 35 and 37 Riverview St, Iluka, at the mouth of the Clarence River estuary:


Click on image to enlarge












Melaleuca quinquenervia. Current common names: Broad-leaved Paperbark or alternatively Paperbark Tea Tree.

Tree grows 10 to 15m high and can live to more than 100 years. It produces clusters of cream to white flower spikes in summer, attracting birds, bats, bees and insects. Koala have been known to shelter in mature paperbark tree stands during storms or excessive heat. 

Grows on seasonally inundated coastal & near coastal plains, along stream banks and in low-lying coastal swamps.


Melaleuca quinquenervia is found as plantings in the grounds of The Royal Botanic Gardens and Domain Trust.



























Hollow in mature paperbark prior to removal on lots 35 to 37 Riverview Street, Iluka. IMAGE: Contributed




Section of a felled paperbark on site showing hollow


REMARKS:


"They are dreadful images,.. and are pretty damning of the approval process. Those hollows should have been identified prior to clearing, and normally there should have been a requirement to have an ecologist or animal rescue person present at the time of felling. Microbats also live under the bark of those Melaleucas.


Of course, as Council refused to approve the hiring of an ecologist, they have no suitably qualified person to assess DAs, and are therefore at the mercy of the developer and what they chose to tell council.

[Email 11 July 2023, copied to Clarence Valley Council, councillors and relevant staff, transcript excerpt supplied]



NOTE: Paperbark tree taxonomy and general description have been altered since this post was first published.


Sunday 21 May 2023

Tweet of the Week

 

Tuesday 18 April 2023

Coastal Emu: glimpse of a disappearing species in 2023

 

A Coastal Emu in the paddock outside Wynyabbie House last week. Image: Facebook Cody Pepper.
Clarence Valley Independent, 12 April 2023

 

Still commonly sighted in the Richmond and Clarence Valleys up to the 1980s, Coastal Emu numbers had markedly declined by the turn of the century. 

Since commencement of NSW National Parks and Wildlife Service annual surveys in 2000, the number of Coastal Emus is estimated to have declined from approximately 140 individuals to just 40 of these unique endangered birds in 2017. 




What sighting there are in the Lower Clarence are possibly more common in Bundjalung National Park in Iluka and Yuraygir National Park south of Yamba. 

However sighting are now rare along the road between Maclean and Yamba. 

So this bird spending time in paddocks alongside the Palmers Channel section of Yamba Road is pleasing locals.

Wednesday 15 March 2023

Protecting old growth trees and saving Banyabba Koalas in March 2023

 

The Echo, 10 March 2023:




View over Valerie’s boots at the logging taking place in Doubleduke State Forest. Photo supplied



The magnificent old trees in a grove known as the Gully of the Giants are still standing this morning. They might not be so lucky tomorrow. The trees are part of Doubleduke State Forest, west of Evan’s Head, being logged under the auspices of the NSW Government’s Forestry Corporation.


Logging couldn’t go ahead this morning because yesterday, Save Banyabba’s Koalas Valerie Thompson, bought the ‘Gully Giants’ a reprieve. Logging was unable to commence due to the logging machinery having been ‘captured’ by the ropes suspending Valerie’s tree platform.


I relish the opportunity to spend the night in the forest. I’m hoping I will hear a forest owl or the screech of a yellow-bellied glider, or maybe the bellow of a koala,’ said Valerie.


These animals are why I’m here. They depend on the hollows in these old trees to survive. When the trees go, the animals will go too. It could be 100 years until there are trees big enough to provide the size hollows they need.


Some ‘Giants’ already gone


At the moment it’s not looking good. We had hoped that the Forestry Corporation would leave these giants, but we’ve seen one on a log truck and another in the log dump.


I felt compelled to do something, hoping against hope that as a result of my helping to bring this travesty to public attention someone in authority might be prepared to negotiate. I understand a formal complaint is being submitted today about Forestry’s breaches and calling for an immediate Stop Work Order. I’d be happy to free the machines if they’ll let the old trees live in peace.’


As Valerie sits in the tree waiting for the police to do the bidding of the Forestry Corporation, Greens Senator Janet Rice, is introducing legislation into the Federal Parliament to end native forest logging.


The Ending Native Forest Logging 2023 Bill ‘If passed, will immediately halt the destruction of Australia’s precious native forests and close the loophole used by the logging industry to skirt our national environment laws,’ said Senator Rice.


Valerie said that according to the Australian National University survey the majority of Australians want the logging of native forests to stop….. 


Wednesday 14 March 2023 Save Banyabba Koalas announced on Facebook that:


A very small crew off protectors just faced of an angry crew of Forestry corp workers keeping them away from the Old Growth in Doubleduke Forest.
We need numbers to keep them out for good

Images: Save Banyabba Koalas



Wednesday 16 November 2022

Perrottet and Toole faced with an approaching tidal wave of condemnation, retreated from their latest attempt to drive NSW koalas into species extinction

 

This was going to be the scheduled North Coast Voices post title today: "Dodgy duo Dom Perrottet and Paul Toole are hoping that NSW residents, ratepayers and voters will forget this act of political bastardry once the state parliament goes into recess until February 2023. How wrong they will be in many a coastal council area".

But then, with an eye to his political legacy, retiring NSW Christian Democrat MLC Fred Nile spoke out.....

The Sydney Morning Herald, 14 December 2022: 

The NSW government has been forced into a humiliating backdown in the latest koala wars after Christian Democrat MP Fred Nile refused to back its native forestry bill, guaranteeing it would have failed on the floor of parliament. Agriculture Minister Dugald Saunders confirmed late on Monday that the Nationals would pull the hugely divisive bill in a bid to avoid an embarrassing loss for the Coalition in the final sitting week of parliament before the March election. The death knell for the bill came when Nile ruled out support for changes to native forestry laws, which would have made it easier for landholders to remove trees.....

Without Nile’s support, the bill could not have passed the upper house and it was also likely to fail in the lower house because Nationals MP Geoff Provest told Nationals leader Paul Toole on Monday that he would not support the bill. Liberal MP Felicity Wilson also ruled out supporting the bill. Millionaire businessman and environmental crusader Geoff Cousins, who waged the high-profile campaign to stop the Gunns pulp mill in Tasmania during the 2007 federal election campaign, also delivered a blistering warning to the NSW government, saying he would “do everything I can to run a major campaign against the Perrottet government in the next election” in response to the bill. “I would liken the sort of campaign I would run to the Gunns pulp mill campaign,” Cousins, a former adviser to John Howard, said. “If they want to go up against that, that’s fine. But it would include a major advertising campaign and I would do everything I could to bring down a government that would put forward legislation like this.” .....

In addition to dissenting members of the NSW Parliament, it was obvious that individuals and communities all along the est. 1,973km long NSW mainland coastal zone and, as far inland as the Great Dividing Range, were prepared to resist the Perrottet Coalition Government's attempt to lock in destructive legislation ahead of the March 2023 state election. In what looked suspiciously like an erstatz insurance policy for their timber industry mates - just in case the Coalition lost the forthcoming state ballot.

Somewhat predictably, in this approach the Perrottet Government was aping the failed former Morrison Government and, thereby doing itself no favours.


BACKGROUND


Newly minted NSW National Party Leader & Deputy Premier Paul Toole 
and newly minted NSW Liberal Party Leader & Premier
Dominic Perrottet. IMAGE: ABC News
, 14 October 2021


 

Following in the footsteps of a disgraced Liberal premier and a disgraced Nationals deputy premier (both of whom resigned
office and left the NSW Parliament) it seems no lessons were learnt......













The Sydney Morning Herald, 14 November 2022, p.1:


NSW Premier Dominic Perrottet faces a damaging internal battle in the final week of parliament as Liberals threaten to cross the floor over the revival of the so-called koala wars which almost tore apart the Coalition two years ago.


As NSW parliament sits for the last time before the March election, the bitter issue of protecting koala habitat could split the Coalition, with Liberals who face challenges from teal candidates fearing it would ignite a backlash against the government.


The Nationals have introduced a bill to make it easier for landholders to clear private native forestry without duplicate approval processes between state and local governments. However, critics have warned it could water down environmental regulation and destroy koala habitat.


Climate 200 founder Simon Holmes a Court described revisiting the koala wars as a "gift" for the teal movement in NSW, which would seize on the NSW government's position in northern Sydney seats.


Holmes a Court said Perrottet had made three significant environmental missteps in recent weeks, which included committing to raising the Warragamba Dam wall and appointing former Sydney Hydro boss Paul Broad as a special adviser.


Broad, who was appointed by Perrottet while Energy Minister Matt Kean was overseas, has been a critic of NSW's energy road map, which provides long-term contracts for renewable generation and grid services. Broad has called the plan, devised by Kean, "fundamentally flawed". He also backed the former federal government in its push for a large new gas-fired power plant in the Hunter Valley.


"Until recently, it's been hard for the teals to find strong differentiation in states with almost-good-enough environmental credentials like Victoria and NSW," Holmes a Court said.


"Dominic Perrottet has handed the movement a gift through deciding to flood a UNESCO site with many significant Aboriginal sites, reopening the koala wars and putting Angus Taylor's gas man in the Premier's office."


Asked yesterday about Broad's appointment, Perrottet said he was "highly regarded, and his experience in water, engineering and infrastructure is second to none in this country".


Perrottet said Broad's remit included raising the Warragamba wall and ensuring the $3.5 billion Narrabri gas project was online as soon as possible.


The Coalition battled internal warfare over koala planning laws in 2020, when former deputy premier John Barilaro threatened to take his Nationals MPs to the crossbench if proposed new rules to protect an increased number of tree species home to koalas were adopted.


Then premier Gladys Berejiklian stared him down and Barilaro withdrew the threat.


The bill to change planning laws for private native forests will be debated his week and is likely to be particularly problematic for Liberal MP James Griffin, who is environment minister and holds the seat of Manly, which has a very active independents' group.


Several senior government sources said other at-risk Liberals, including North Shore MP Felicity Wilson and Port Macquarie MP Leslie Williams, are considering crossing the floor or abstaining. Nationals MP for Tweed Geoff Provest could abstain.


Wilson, Williams and Provest were contacted for comment.


In an indication of how damaging Wilson thinks the bill could be, she gave a private members' statement to parliament last week when she wanted her "support for a plan to transition the native forestry industry towards sustainable plantations" placed on the record……


Opposition environment spokeswoman Penny Sharpe said Labor would oppose the bill…...


Local Government NSW president Darriea Turley said the bill had been rushed into parliament without any consultation with local government.


"This bill undermines the crucial role councils play in the regulation of private forestry operations," Turley said. "It will have devastating impacts on native habitats, particularly for koalas and many threatened species."


Tuesday 18 October 2022

Yet another petition to the NSW Parliament was debated last week - resulting in yet another petition to parliament being casually dismissed by the Perrottet Coalition Government


Petitions

NATIVE FOREST LOGGING


The DEPUTY SPEAKER: The House will now consider the electronic petition signed by 20,000 or more

persons that is listed on the Business Paper. It is about native forest logging and was lodged by the member for South Coast. Before I call the member for South Coast, I again welcome to the public gallery and the Cooper Gallery those who have joined us for the debate. I am aware that there are strongly held views on the matter we are about to discuss. Parliamentary debate allows that those with opposing views are able to express them freely without interference. I therefore ask that those in the gallery refrain from clapping or distracting debate in any way, including verbally or visually.

The question is that the House take note of the petition.

[NSW Parliament, Legislative Assembly, Hansard, 13 October 2022]


The Echo, 14 October 2022:


Yesterday in Sydney the public gallery in the NSW lower house of parliament was packed with citizens hoping to hear their representatives support the community’s calls for an end to the logging of our public native forests.


The debate was forced by the success of a petition with over 21,000 signatures that calls for a rapid transition out of logging our native forests.


Tens of thousands of people


Greens spokesperson for the environment and agriculture Sue Higginson MLC said that tens of thousands of people from across the state have come together to call for an end to public native forest logging. ‘The time has come and the case has been made that our public forests are worth more to us standing.


The government has made no plans to transition out of this destructive industry and into sustainable plantations in the full knowledge that communities and workers will be left behind by their policies.’


Ms Higginson said that much public native forest estate has been impacted by drought, fires and floods. ‘We need to change our perception of native forests to recognise them as a vitally important line of defence against both the climate and the extinction crisis, but this senseless government is determined to destroy them.


The petition


The parliamentary petition calls on the NSW parliament to:

  • Transition NSW’s native forestry industry towards sustainable plantations by 2024.

  • Immediately place a moratorium on public native forest logging until the regulatory framework is introduced.

  • Urgently protect high-conservation value forests through gazettal in the National Parks estate.

  • And ban biomass fuel, made from native forest timber.


North East Forests campaigner Sean O’Shannessy.
Photo supplied.

The response to the petition from the Minister for Agriculture Dugald Saunders was bitterly disappointing.
Tens of thousands of people are calling for our forests to be protected and the minister has completely dismissed what’s best for communities and the environment,’ said Ms Higginson…..



Clarence MP Chris Gulaptis heckled his Liberal Party colleague Shelly Hancock as she introduced and spoke for the petition on behalf of her constituents.’


Mr O’Shannessy said the is a rapidly dawning realisation among all rational participants in the public discussion of the future management of native forests, that logging is not going have a place there.


Sustainable plantations will supply our timber needs and our forests will be protected in properly managed reserves. We can not afford to keep subsidising the destruction of our carbon sinks, water catchments and koalas homes,’ said Mr O’Shannessy.


The Government’s idea of ‘sustainable’


Ms Higginson said that the Government claims that sustainable native forest management includes cutting down critical habitat for threatened species, including koala habitat, clear felling areas of our forests and cutting down hollow-bearing trees which are essential for the survival of forest-dependent threatened species like gliders, owls and bats.


Bizarrely, the Government claims that cutting down our forests is good for the climate crisis in complete contradiction to scientific consensus. Old trees sequester more carbon than young trees, which on its own should be enough for us to be doing everything we can to protect them.


The end of public native forest logging is inevitable and we are so close to finally seeing the transition out of this industrial scale destruction.


Parliament could do this tomorrow if the government would stop blocking this important reform and develop a plan that delivers economic security for communities and protects our precious forests,’ said Ms Higginson.


For interested North Coast Voices readers the 39 minute ‘take note’ debate of this petition can be found at:

https://api.parliament.nsw.gov.au/api/hansard/search/daily/pdf/HANSARD-1323879322-128218. Commencing at Page 58.


Below are some debate excerpts and it should be noted that all misconceptions, misinformation, unfounded beliefs and downright political lies voiced are actually found in remarks made by the Nationals MLA for Dubbo and Minister for Agriculture & Minister for Western New South Wales Dugald Saunders, as well as in remarks by Nationals MLA for Clarence Chris Gulaptis who retires from parliament at the March 2023 state election. Yellow highlights of some of the largest whoppers are my own.


Mr CHRISTOPHER GULAPTIS (Clarence) (16:12): I speak in response to the petition tabled by the member for South Coast. I acknowledge the petitioners in the gallery for their efforts in obtaining 20,000 signatures, because it is an effort. I know that and I understand why they are present today. But I am really disappointed with the contribution by the member for Ballina, because it is misleading. One of the problems when we talk about native forestry in this country, and in this State in particular, is that a lot of the proposals that have been raised are based on a range of misconceptions, misinformation and unfounded beliefs.


When it comes to which side of the House manages forests better, this side manages forests better. That was shown when Bob Carr declared State forests national parks back in the eighties, because they were managed so well by what is now ForestCorp. They are managed well. It is like your garden: You cannot let your garden be overgrown with weeds; you have to manage it. Unfortunately, that is what the problem is. We let our national parks overgrow and when the bushfires came through, five billion native species were killed in 7.2 million hectares of national park. That is what happens in a national park when they do not have the resources to manage it.


Mr Jamie Parker: You're in government. Why don't you manage it?

The DEPUTY SPEAKER: Order!


Mr CHRISTOPHER GULAPTIS: Because the resources would have to come out of Health or Education.


The DEPUTY SPEAKER: The member for Balmain will come to order.


Mr CHRISTOPHER GULAPTIS: They would come out of Health or Education. The forests are managed in a responsible way, and we see that. Do we want native timbers from Borneo and attack the—


Mr Jamie Parker: We're about plantations.

The DEPUTY SPEAKER: Order! The member for Clarence will direct his comments through the Chair.


Mr CHRISTOPHER GULAPTIS: We have plantation timbers and we also have native forests. The reason the forests were created in the first instance was to provide a resource for the inhabitants to build their houses and to construct this city. Parliament House is constructed from timber from our forests. That was the whole purpose of them, and still is. We want affordable housing, but where is the construction material going to come from? Members opposite talk about affordable housing, but how will it be provided if we do not cut down trees? Forestry Corporation plants four million seedlings every year to replace the trees it cuts. If that is not carbon sequestration, what is? It is a joke when members do not look at the evidence and the facts.


Mr Jamie Parker: We have looked at the evidence, mate, don't worry.


Mr CHRISTOPHER GULAPTIS: Yes, look at the evidence. Five billion native species were killed in a hot fire because those national parks did not have the resources to be managed effectively.


Mr Jamie Parker: Well, give them the resources. You're in the Government.

The DEPUTY SPEAKER: Order!


Mr CHRISTOPHER GULAPTIS: Yes, and we will take them from Education and Health, because that is what you are saying.


The DEPUTY SPEAKER: The member for Clarence will direct his comments through the Chair.


Mr CHRISTOPHER GULAPTIS: Yes, I will. The fact of the matter is that the Government's resources are finite; they are not unlimited. We cannot use a credit card and spend wherever we want to. State forests are managed effectively. They produce revenue that goes back into managing the forests and looking after feral animals and noxious weeds. Where is that revenue going to come from?


Mr Jamie Parker: It makes a loss.


Mr CHRISTOPHER GULAPTIS: Do our national parks make a profit? No, they do not. Of course they do not. Native forestry is heavily regulated to ensure that there is long-term ecological sustainability, and robust science consistently demonstrates that those regulations are effective. The proposal to create public native forests would have substantial negative impacts on the State's economy and finances. We must remember that the forestry sector is worth around $2.8 billion. It directly supports almost 20,000 jobs, 40 per cent of which are in regional New South Wales. I call on the Labor Party and members opposite to stop vilifying the timber industry and support the productive and sustainable approach that the Coalition Government has put in place to manage this incredible resource that has been used as a building material since Jesus was a boy. It is a terrific sustainable product, so why do they vilify it?


Ms JANELLE SAFFIN (Lismore) (16:18): I make a contribution to debate on the petition, which has some 21,000 signatures. I take umbrage at what the member for Clarence said. I am not vilifying the industry, but I want to be part of the debate because I have been involved in it in my area for some 40 years. The issue has been so divisive so many times, so we must resolve it in such a way that we get a sustainable industry. That is the objective that most people are going for. That is the objective of the people who signed this petition. Somehow we have got to get there. I understand that it is important. So many people in the Lismore electorate and beyond are passionate about this issue.


My electorate has huge environmental movements, including the North East Forest Alliance, whose members are here today. The Nature Conservation Council was also here this week. Local constituents have written to me in support of the petition. Local forestry and timber industry workers, as well as the unions, have also spoken to me about the petition. I understand the passion and the emotion in it. As I said, I have lived it for a long time. From what is happening in my area and on the South Coast—based on what I heard from the member for South Coast—and what I have heard in this debate, I can say that we are at the vortex of the issue. At the heart of it is the desire to have our forests protected from fire, flood and pestilence, and to have habitats for animals and rare plants that are free of weeds and predators, or at least minimally affected.


We all want a sustainable logging industry, wherever it takes place. I have recently read that under Premier McGowan—and I would hardly call him a radical Premier of any kind—Western Australia is moving to end native forestry logging. I note that Victoria is doing the same under its more progressive Premier Andrews. Those desires and objectives speak to management, and that has been the problem that I have seen for so many years.

We know that before European colonisation the forests, which were extensive, were managed. Of course, Indigenous nations practised cultural burning, which, thank goodness, so many are embracing now because they see the value in it. One thing that the member for South Coast said that really struck me was that this petition was a message to the Government and all members that we must take heed, and we certainly do.

I draw the attention of the House to the Legislative Council inquiry into the long-term sustainability and future of the timber and forest products industry. I read the report only recently.….

The committee's findings and recommendations are telling about the state of the industry and what is going on under Forestry Corporation. There were 11 findings, and I draw attention to finding 2, 3 and 5. Finding 2 states:

In the last decade, there has been no increase in additional hardwood and softwood timber plantations.

Finding 3 states:

The lack of expansion of timber plantations by the NSW Government has significantly contributed to the current timber crisis which has only been further exacerbated by recent events, including the 2019/20 bushfires.

We heard about those from the member for South Coast. Finding 5 states:

The reduction in harvestable areas of public native forests and failure to expand native hardwood plantations has resulted in the loss of wood supply …..

Recommendation 1 states:

That the NSW Government identify and implement as a priority a long term funded strategy for the expansion of both softwood and hardwood timber plantations in New South Wales.

We can all agree that has to happen. Recommendation 2 states:

That the NSW Government establish further state-owned timber plantations

Recommendation 4 states:

That the NSW Government provide long term support to workers in the timber and forest products industry transitioning away from native forestry to other parts of the sector with access to worker transition services, training and retraining support, relocation support, and counselling.

They are some of the results from the inquiry.


Mr DUGALD SAUNDERS(Dubbo—Minister for Agriculture, and Minister for Western New South Wales) (16:33): I thank the member for South Coast for tabling this petition. I have listened to the debate with great interest. I will clarify a few misconceptions. First, logging does not occur in State forests; selective harvesting occurs in State forests. The Environment Protection Authority is in charge of activating the regulations around that, and it does so regularly. The sawlog part of a tree is not used for biomass production; it is the roots, the bark and the other parts that cannot be used for anything apart from chipping, burning or pulping. It is about turning that waste into energy rather than leaving it to become a bushfire concern. That is the point.


As far as State forests, as the member for Oxley mentioned, only a tiny percentage of State forests are used for timber harvesting. We are talking about 1 per cent of the State forest that is harvested—that is, about 0.1 per cent of the broader forested landscape. It is a tiny amount, it is a managed amount, and it is not done in a way with disregard for the environment. That is the point.


Ever since I have been the Minister in this space, I have said that I hold Forestry Corporation to the highest level of compliance. That is absolutely what we need to do. On this side of the House, we all agree that there is no room for things to be done incorrectly. But to suggest that timber and State forests do not work hand in hand and do not support communities is just incorrect. It is also worth mentioning that the Intergovernmental Panel on Climate Change recognises that managing forests for sustainable timber production is one of the best ways to mitigate climate change. Removing trees, allowing more sunshine through the canopy and growing new trees actually sequesters great amounts of carbon, and we have a fantastic renewable, organic and regenerative resource that we love as humans.


State forests also support things like native-based tourism. State forests are already doing that. We are expanding the mountain biking, the horseriding, the picnicking and the walking trails. They are all managed because we have State forests that are managed to support those activities. I am interested to see what Labor does around forests as a policy matter, because we have complete support from a number of workers up and down the coast and inland who are saying they want support for native forestry. On this side of the House, we absolutely provide that support. It is worth $2.8 billion and thousands of jobs. We have their back, but we also appreciate the petition.


The DEPUTY SPEAKER: I thank the guests in the public gallery, who were visiting today to listen to the debate. I also extend thanks to those members of the public who have been listening online.


Petition noted.