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A PROFILE OF THE NORTHERN NSW PRIVATE FOREST RESOURCE AND THE PRIVATE NATIVE FOREST INDUSTRY 8. Legislation and Regulation of Private Forestry 8.1 The Native Vegetation Conservation Act (1997) As at September 2005, private native forest management in NSW is still regulated by the Native Vegetation Conservation (NVC) Act 1997, which is administered by the Department of Natural Resources (DNR). Under the Act forestry operations are classified as clearing, whether they in fact result in broad scale vegetation removal or minimal disturbance through selective logging. So in northern NSW, where most forestry operations involve selective logging rather than clearfelling, the main impact of the Act has been the requirement for private forest owners to either manage their forests under an exemption (the Private Native Forestry Exemption) or apply to DNR for a clearing authorisation. In 2002 the ministerially appointed Private Native Forest Reference Group recommended new private native forest exemption and consent pathways and although an Exemption Operating Protocol (EOP) and Forestry Operating Standard (FOS) were drafted in 2003 to regulate operations under the exemption and consent pathways respectively, they were not introduced by DNR. Similarly a set of Silvicultural Guidelines were also drafted in 2003 to complement the EOP and FOS, but were not adopted. 8.1.1 The Existing Private Native Forestry Exemption There are a set of existing exemptions within the Act that allow for native vegetation clearing under certain conditions, including the clearing of less than 2 hectares per year, the removal of less than 7 trees per hectare and sustainable selective logging, although there have been difficulties in interpreting the latter. By and large it is difficult to undertake forestry operations under the current exemptions, unless they are undertaken in accordance with the guidelines laid down in the Interim Best Operating Standards for harvesting of Private native Forestry, 2001 (BOS). In addition, the forest owner must also consider the provisions of the Threatened Species Conservation Act 1995. Where the logging is likely to have an impact on threatened flora and fauna species, populations or ecological communities, or their habitats, the forest owner is required to consider such impacts. An assessment of the potential impact of an operation involves an ‘8 point test of significance’. If this assessment determines that there is likely to be a significant impact, the operation may need to be licensed by NPWS. 8.1.2 Forestry Operations requiring Consent For selective logging on State Protected Land (generally land mapped as in excess of 18o slope or riparian areas), an authorisation from DNR is required. The authorisation includes conditions relating to the mitigation of impacts on soil and water and also conditions designed to mitigate against any significant impact on fauna, flora and habitat. The issue of such an authorisation waives the requirement for the forest owner to consider the Threatened Species Conservation Act, as DNR takes potential impacts into account when undertaking the authorisation process. 8.1.3 Further Information about the existing NVC Act Further information about the Native Vegetation Conservation Act can be found on the DNR website, www.dnr.nsw.gov.au. 8.2 The Native Vegetation Act 2003 The private native forest provisions of the new Native Vegetation Act 2003 are aimed at ensuring the sustainable management of forests in private ownership. The overriding principle is that the management of private native forests should improve or maintain environmental outcomes. A draft Code of Practice is being developed by DNR as a Regulation under the Act to provide standards for private native forestry activities. A Private Native Forestry Working Group, with representation from the forestry industry, private forest owners, environmental organisations, scientists and relevant government agencies, was formed in 2003 to provide advice to the Department and the relevant Ministers. The working group met regularly until September 2004. Consensus could not be reached by the working group on all aspects of a final draft Code and as a result DNR is currently considering several different stakeholder versions. As part of this process an economic impact study is being undertaken on the various Code versions. Despite the fact that the content of the final Code is uncertain, it is most likely that it will provide for the following:
The timeframe for introducing the Regulation and Code governing private native forest management is uncertain, although it is likely to be early 2006. In the meantime, the exemption and consent processes under the Native Vegetation Conservation Act 1997, as outlined under 8.1, will continue to apply. 8.2.2 Further Information about Native Vegetation Act 2003 Further information about the Native Vegetation Act 2003 can be found on the DNR website, www.dnr.nsw.gov.au. 8.3 The Plantations and Reafforestation Act (1999) The Plantations and Reafforestation Act (1999) was designed to provide a single consent process for establishing and harvesting plantations in NSW. Under the Act a plantation is defined as an area of land on which the majority of trees or shrubs forming or expected to form the canopy have been planted or sown. Plantations need not necessarily be for the specific purpose of wood production. Environmental plantings that are designed to reverse land degradation or that are planted for carbon credits can also be authorised under the Act, however any plantations that produce food or an agricultural product such as flowers or essential oils are excluded from the Act. A Code has been developed to guide landowners wanting to invest in plantations (The Plantations and Reafforestation (Code) Regulation 2001). The Act has a tiered approach to plantation approval. Small scale farm forestry plantings (less than 30 hectares) do not require any approval as long as they satisfy certain criteria in the Act. Larger plantings and plantations where pre-establishment clearing is required need to go through a consent process currently administered by DNR. There are three categories of plantations as defined in the Act:
Exempt farm forestry plantations are those plantations that are under 30 hectares in size and which do not require any clearing of native vegetation. When considering planting trees over a number of years, as is the case in many farm situations, the combined area planted will need to be considered, not just the area planted in any one year. Once the area of plantation exceeds 30 hectares consent is required. No harvest guarantee is provided for exempt farm forestry plantations. Complying Plantations Complying plantations are those that are established under conditions layed out in Part 4 of the Code. These conditions relate to native vegetation clearing, soil and water protection and protection of Aboriginal and cultural heritage. Initially, an assessment is undertaken by a DNR officer prior to an application being made. This assessment determines whether the plantation will be assessed as complying or non-complying. Failure to meet Code conditions may lead to the Minister cancelling any authorisation obtained for a complying plantation. Harvest guarantee is provided for complying plantations. Non Complying Plantations A non-complying plantation is one which does not comply with all of the conditions under Part 4 of the Code, but which nevertheless may receive conditional approval. If the impacts of the plantation are assessed as being not significantly greater than a complying plantation, then consent may be given. If it is determined that the establishment of the plantation will result in significant environmental impacts, conditional approval may be given for a modified establishment program. Plantation applications that differ significantly from the standards layed out in Part 4 of the Code will more than likely be rejected. Harvest guarantee is provided for non-complying plantations that are authorised under the Act. 8.3.1 Review of the Plantations and Reafforestation Act and Code DNR is currently undertaking a statutory review of the Plantations and Reafforestation (Code) Regulation 2001. DNR released a discussion paper in June 2005 that presented issues and options for review and invited submissions from stakeholders. The closing date for submissions was 1 August 2005. The discussion paper did not indicate when the review would be completed. 8.3.2 Further Information about the Plantations and Reafforestation Act and Code Further information about the Plantations and Reafforestation Act and Code can be found on the DNR website, www.dnr.nsw.gov.au. back to the top of the page < previous page table of contents next page > |
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