The first attempts to preserve any significant areas of native forest were made on the north coast in 1871 with the notification of timber reserves in the Grafton area. But it was not until the first Forestry Act of 1909 and the Forestry Act 1916 (that set up the Forestry Commission of NSW) that the widespread clearing of leasehold lands in eastern and central NSW was brought under some form of control through the declaration of State Forests and Timber Reserves.

In the west of the state clearing was controlled from 1902 by the Western Lands Act and Timber Reserves and State Forests were also dedicated under the Forestry Act.

Although many leases have been converted to freehold over the years, this early legislation laid the foundations for the extensive areas of State Forest and National Parks that exist today (many National Parks having been former State Forest).

So in effect the first pieces of environmental legislation designed to protect forest in NSW, albeit with some focus on commercial timber values, were the Forestry Acts 1910 and 1916.

Over the years the public perception of forests has changed. Society now demands that our forests be managed not just for timber production but for the full range economic, social and environmental values. The science of forest management now reflects those demands. Nowadays forest management on both public and private land in NSW is tightly controlled by environmental legislation designed to protect a wide range of ecological values and to prevent soil erosion and water pollution.

Environmental Legislation Governing the Management of Public Forests
Whilst the Forestry Act defines the functions and responsibilities of State Forest of NSW and regulates activities on State Forests and other Crown Land, two principal pieces of environmental legislation regulate public forest management and provide for the protection of ecological values and the prevention of soil erosion and water pollution. They are:

• The Threatened Species Conservation (TSC) Act 1996, which amended the National Parks and Wildlife Act 1974 and the Environmental Planning and Assessment (EPA) Act 1979. It is administered by the National Parks and Wildlife Services (NPWS). It also has applications to the management of private forests which are outlined later in this brochure.
• The Pollution Control Act 1970, which is administered by the NSW Environment Protection Authority.

In addition to these pieces of legislation, State Forests of NSW has implemented its own internal regulatory procedures that include Codes of Forest Practice, Licensing Conditions and the Native Forest Management System.

The Threatened Species Act 1996
The TSC Act replaced interim legislation for the protection of endangered fauna and has as its objective the protection and conservation of native animals and plants, including threatened species, populations and ecological communities and their habitats.

The principal area in which the TSC Act applies to public forest management is in the issue of licences by NPWS to State Forest of NSW to undertake certain forest management activities (including harvesting, road construction and maintenance and burning) subject to satisfying a wide range of conditions in relation to the protection of flora, fauna and habitat. The licences specify the forest areas in which these activities may be undertaken.

The licences list the threatened fauna and flora species that may occur in individual forest regions and are likely to be affected by forestry activities. These species lists are drawn from schedules within the Act.

The licence conditions include prescriptions designed to mitigate any impacts forestry activities may have on threatened flora, fauna and habitat. General prescriptions target:

• The protection of High Conservation Value Old Growth Forest, Rainforest and Rare Forest Types.
• The retention of a range of tree species of varying sizes for arboreal habitat and food resources.
• The retention of riparian reserves and corridors connecting adjoining catchments.
• The protection of habitat features such as wetlands, heaths, rocky outcrops and caves.
• The protection of ground habitat.
• The protection of habitat and individual species during burning operations

The prescriptions that must be applied are determined by comprehensive fauna and flora surveys, the methodology for which is also prescribed by NPWS in the licence.

The Pollution Control Act 1970
Under this Act State Forests of NSW are issued with a Pollution Control Licence (PCL) by the EPA that covers activities including timber harvesting, road construction and maintenance and post-harvest burning.

The PCL requires State Forests to undertake extensive investigations and data gathering prior to the commencement of harvesting or roading operations.

Assessments are undertaken of a wide range of factors that may influence the potential for forest operations to cause soil erosion and water pollution. These include climate, topography, hydrology, ground cover, geology, soils and roads and tracks that will be used or are proposed for construction. In relation to soils the licence requires that an independent, qualified scientist undertake an assessment of soil types to determine their erodibility and potential to cause water pollution.

The information gained by way of these assessments is used to determine what conditions will apply to forest operations.

State Forests Harvest Planning
State Forests are required to prepare site specific harvesting plans for each individual harvesting operation. The plans are prepared under guidelines laid down in the Native Forest Management System and must incorporate all of the requirements of both the NPWS licence and the Pollution Control Licence, as well as the Forest Practices Code. Apart from State Forests own audit procedures, both NPWS and the EPA undertake audits of harvesting operations to ensure compliance with their licence conditions.

1999 Legislation Affecting Public Forests
The aim of NSW Government Forest Policy since 1995 has been to secure a balanced outcome that takes into account conservation issues as well as economic and social issues. This balance was enshrined in the dual objectives of achieving a comprehensive, adequate and representative reserve system as well as an ecologically sustainable, value added and secure native forest timber industry.

Following almost four years of negotiation, commencing with the Interim Forest Assessment process in 1996 and culminating with the NSW Government's 1998 Forestry Decision, the Forest and National Park Estate Act came into effect on 1 January 1999.

In terms of environmental management of public forests the key features of the Act are:

• The conservation of 449,350 hectares of former State Forest in National Parks, Nature Reserves, Flora Reserves and Crown Reserves in northern NSW and the Eden Region to protect old growth forest, wilderness and other conservation values, including the habitat of threatened species.
• The integration of the existing environmental regulatory regimes described above through legislation that provides for Forest Agreements and Integrated Forestry Operations Approvals.

References
History of Forestry in New South Wales 1788 to 1988. T.C. Grant (undated). Star Printery Pty Ltd.

Further information can be obtained by contacting the Northern Rivers Regional Development Board on 02 6686 3008

Produced by Northern NSW Forestry Services for the Northern Rivers Regional Development Board (NR Regional Plantation Committee)
The assistance of State Forests of NSW in providing information contained in this brochure is appreciated.

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