Sunday 15 November 2020

NSW Forests War: State of Play November 2020


NSW Greens and a NSW Independent in the state parliament upper house placing the concerns of many ordinary people in regional New South Wales on the record.


Legislative Council Notice Paper No. 67—Thursday 12 November 2020, excerpt:


163. Remapping of old-growth and high-conservation-value public forests: resumption of the adjourned debate (8 August 2019) of the question on the motion of Mr Field:


(1) That this House notes that:


(a) the Government is planning to allow logging in thousands of hectares of old-growth and high-conservation-value public forests on the North Coast that have been off limits for decades,


(b) these forests are rare and important ecosystems which provide irreplaceable habitat for many threatened species, such as koalas, gliders, quolls, frogs and owls,


(c) they have been protected as part of the nationally agreed reserve system for decades and have been granted state significant heritage protection for their historical significance, including to Aboriginal people, aesthetic significance, research potential, rarity and valuable habitat,


(d) this process is being driven by a desire to access more timber, based on a Forestry Corporation calculation that new rules under the Coastal Integrated Forestry Operations Approvals (CIFOA) to protect koala habitat and threatened ecological communities could result in a small timber supply shortfall of up to 8,600 cubic metres per year,


(e) despite advice from the Natural Resources Commission (NRC) that this wood supply shortfall “represent[s] the worst case scenario and may never be realised”, the Premier requested the NRC consider remapping old growth forests and rainforests to meet this shortfall,


(f) a pilot study of 13 areas of state forest found that remapping could open up 78 per cent of protected old growth forest to logging, despite all sites having vitally important habitat,


(g) the Government has committed over $2 million to this remapping process, despite this cost far outweighing the $1.5 million value of buying back the contracts for the maximum claimed timber shortfall,


(h) the funding is being provided by the Government despite the NRC recommending that any remapping and rezoning should be paid for by Forestry Corporation as the beneficiary, and


(i) remapping on private land has already opened up over 29,000 hectares of previously protected old growth forests to logging in recent years.


(2) That this House agrees that remapping old growth forests:


(a) breaks the Government’s commitment to no erosion of environmental values under the new CIFOA,


(b) is based on timber supply impacts that are not verified and probably do not exist, and


(c) is a subsidy to logging which exceeds the value of the extra wood supply.


(3) That this House call on the Government to:


(a) end the remapping and rezoning of old-growth and rainforest on public and private land,


(b) ensure no areas of forest currently protected will be opened up to logging, and


(c) conserve native forests to protect biodiversity, store carbon and provide new tourism and recreational opportunities—Mrs Maclaren-Jones. (15 minutes)


Debate: 1 hour and 45 minutes remaining.


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749. Ms Faehrmann to move—


(1) That this House notes that:


(a) the National Party has threatened to blow up the government in the midst of bushfire recovery, the COVID-19 pandemic and economic crisis over the new Koala State Environmental Planning Policy (SEPP) that aims to strengthen protections for koala habitat,


(b) the new Koala SEPP will have little impact on the majority of farmers across the state as it is only triggered at the point of development consent, and


(c) since the 2011 state election the NSW National Party has had ministerial responsibility for water, agriculture and regional New South Wales which has resulted in:


(i) a dramatic increase in the clearing of native vegetation and threatened species habitat with the winding back of native vegetation laws,


(ii) increased logging of koala habitat after the 2019-2020 bushfire season which saw 24 per cent of koala habitat on public land severely impacted and up to 81 per cent of koala habitat burnt in some parts of the state,


(iii) the gross mismanagement of the Murray Darling Basin including selling out downstream communities on the Lower Darling by over-allocating water to their corporate irrigator donors turning a blind eye to ongoing water theft in the Northern Basin including and pushing the Barwon-Darling River system into hydrological drought three years early,


(iv) incompetent management of regional town water supplies that saw multiple regional centres coming close to day zero, in some cases having to rely on bottled water, over the summer of 2019-2020.


(2) That this House acknowledges that the NSW National Party cannot be trusted to manage our land, water and environment and calls on the Government to strip them of their portfolio responsibilities and end their coalition agreement.


(Notice given 15 September 2020—expires Notice Paper No. 73)


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BACKGROUND


The O’Farrell Coalition Government corporatized state-owned Forests NSW on 1 January 2013 and renamed the organisation Forestry Corporation of NSW. The company is headquartered at West Pennant Hills in metropolitan Sydney, New South Wales.


It is one of the largest forestry companies in Australia today and produces around 14 per cent of the timber harvested in Australia.


This corporation manages est. 2 million hectares of state forests, along with around 200,000 hectares of softwood plantations and 35,000 hectares of eucalypt plantations.


Est. 30,00 hectares of state forest are harvested for timber each year by more than 100 contractors who undertake harvesting and haulage and other aspects of its operations on behalf of the Forestry Corporation.


The combined take from state forests and plantations is around 50 million tonnes of timber annually.


Nominally all individuals and groups in the state are considered potential stakeholders in the Forestry Corporation of NSW. Except that all regional residents get for being stakeholders is an ongoing loss of both wildlife habitat and forest trees in the districts in which the Corporation operates.


The Corporation’s native timber harvesting is focussed on north east NSW and it is looking to forestry plans on private land and logging in currently protected forest areas to supply it with native timber into the future.


In October 2020 the Environment Protection Authority (EPA) commenced five prosecutions against Forestry Corporation of NSW in the Land and Environment Court for allegedly felling trees in protected areas in northern NSW, including trees in core koala habitat in Wild Cattle Creek State Forest.


This is not the first time the Forestry Corporation has been caught allegedly breaching the terms of its licence and I suspect it will not be the last.


Commercial logging is not the only issue of concern. So is land clearing generally.


According to the NSW Valuer-General’s Office, on 1 July 2019 there were 2,603,793 individual property lots in New South Wales.


Of these 238,842 are private properties zoned rural and classified as either non-urban, primary production, rural landscape or rural small holdings.


The NSW North Coast contains 56,095 or 23.4% of all these private rural property lots, the North-West contains 14,143 lots, Northern Tablelands 11,864, Murray 10,353, Hunter 15,950, Hunter Coast 6,357, Central West 20,688, Central Tablelands 18,972, Riverina 17,924, South Coast 18,974, South East Regional 20,164, Sydney Central 3, Sydney Coast South 11, and Sydney Coast North 1,208. 


Currently owners of those private rural properties which are situated near bushland in 10/50 Entitlement Clearing Areas have an almost unfettered right to clear trees within 10 metres of their house and farm sheds, as well as underlying vegetation under trees for a further 50 metres, as a bushfire protection measure.


However, in addition to this proven effective bushfire measure, now the Berejiklian Government is also progressing another amendment introduced to the Legislative Assembly on 10 November 2020 - this time an amendment to the Rural Fires Act 1979 titled Bushfires Legislation Amendment Bill 2020.


This amendment if passed will allow the owners of all 238,842 of these private rural properties in New South Wales to clear trees and vegetation within 25 metres of a property’s boundary with adjoining land and, lays down processes so that these landowners can ensure their immediate neighbours do the same - thus making the land clearance in effect 50 metres wide.


A specific measure that does not appear to be included in recommendations found in the Final Report of the NSW Bushfire Inquiry dated 31 July 2020.


A potential 50 metre open space on all four sides of up to 56,095 private rural properties on the NSW North Coast from the Mid-Coast to the Queensland border represents a significant tree cover and habitat loss.


Of course after 232 years of land clearing this degree of native vegetation clearing is no longer required on a great many properties because barely a tree stand survives in some districts.


This is an aerial view of a section of the Moree Plains showing its typical landscape in 2020:




According to the Nature Conservation Council of NSW, by mid 2018 bulldozing of bushland nearly tripled around Moree and Collarenebri after safeguards which existed in Native Vegetation Act 2003 were repealed by the NSW Baird Coalition Government, with 5,246 ha of Koala habitat destroyed at a rate of 14 ha per day in 2017-18.


Moree has a history of opposition to any checks on the ability to clear land. In 2014 this sadly led to the killing of an Office of Environment and Heritage compliance officer and the later conviction of a prominent landowner for murder with a sentence of 35 years imprisonment.


The Guardian, 27 March 2020:


Land-clearing approvals in New South Wales have increased nearly 13-fold since the Coalition government relaxed laws in 2016, according to a secret report to the state cabinet by its Natural Resources Commission.


The report, marked “Cabinet in Confidence”, was commissioned by the government in January 2019 under an agreement between the Liberals and Nationals to review land clearing if applications exceeded 20,000ha a year. The commission handed it to the government in July, but released it only after the Independent MP Justin Field threatened legal action…..


The commission found more than 37,000ha were approved to be cleared last financial year, almost 13 times greater than the annual average rate across the decade to 2016-17. Approvals jumped more than 70% after the rules covering land clearing changed at the start of 2019, rising from 25,247ha in the final quarter of 2018 to 43,553ha in the first three months of the new year. 


The commission found the extent of the land clearing and what is described as “thinning for pasture expansion” was putting the state’s biodiversity at risk. The government had promised to protect between two and four times as much land as it cleared, but had failed to do that in the majority of the state. 


It also highlighted the lack of an effective monitoring and compliance regime to ensure laws were enforced. In a six-month stretch between August 2017 and January 2018 there was 7,100ha of unexplained land clearing. It was 60% of the clearing in that time.... 


The Nature Conservation Council of NSW said the report showed the National party was incompetent. Its chief executive, Chris Gambian, said it was a damning assessment of how the government had handled what was supposed to be a signature reform. 


“This report is alarming because land clearing is a key threat pushing most of the state’s threatened species towards extinction,” he said. 


“Koalas and other vulnerable species are being smashed from every direction, by bushfires, drought, logging and land clearing. Land clearing is one of the few threats we can tackle directly, but the National party is preventing this government from doing what is needed.” 


Gambian called on the government to release regulatory maps that were still not available two years after promised.....


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