Has Kyogle Council in Northern NSW become a creature of the timber industry?

In 2018 the NSW Dept. of Primary Industries produced a report that examined the NSW planning and regulatory instruments that interact with private native forestry (PNF) using the entire NSW north coast region as a case study -  from Gosford local government area to the NSW-Qld border - to which was added Tenterfield, Glen Innes Severn, Guyra, Armidale Dumaresq, Uralla, Walcha and Tamworth LGAs for good measure.

The report found planning constraints and exclusions applied to 734,992 ha, which equated to 25.6% of the total area of private native forest on the NSW north coast. In effect, these areas are acting as large-scale informal conservation reserves. With a total of 689,300 ha of that land requiring dual consent from the NSW Environment Protection Agency (EPA) and local councils before private forestry agreements could be applied to this land.

The report noted that: Private native forestry is prohibited by council LEPs on a further 6.5%3 (174,560 ha) of private native forest land. The balance of the private native forest estate (68.5%) has zoning that permits forestry without council consent.

It also found that: The Private Native Forestry Code of Practice for Northern NSW prohibits forest operations within any area identified as core koala habitat within the meaning of State Environment Planning Policy (SEPP) 44—Koala Habitat Protection (SEPP 44). Koalas are known to be present in low densities across all of the North coast’s 34 council areas. It identified SEPP 44 as an impediment with the potential to significantly reduce the availability of private timber resources.

The Berejiklian and Perrottet Coalition Governments, along with the NSW National Party and timber industry lobbyists, appear to have spent the years since 2018 attempting to dismantle protections on any and all land in private hands which has what is considered harvestable native timber stands. In this aim the state government has frequently been successful.

In 2022 they had an unexpected measure of success in the Kyogle local government area, which covers 3,589 square km and has a resident population of est. 9,359 people [ABS Census 2021].

Kyogle Koalas IMAGE: “KOALA COUNTRY” leaflet, September 2017

ABC News, 15 November 2022:

On the day the NSW government was forced into an embarrassing backdown over proposed changes to private native forestry approvals, a council on the state's north coast has voted to give up the powers at the centre of the controversy.

Kyogle Council voted to scrap the dual approval process for native forestry on private land, leaving approvals entirely in the hands of Local Land Services (LLS).

"We've got a history in Kyogle of a strong timber industry, and the fact that it is still functioning today is a testament to generations past and present and how well they're managing their land," Mayor Kylie Thomas said.

"Why would we get in the way of that?"…...

The meeting heard there were 133 private native forestry (PNF) plans in place across the Kyogle Shire which have been approved by the LLS but have not been put forward to the council.

A staff report said the council would struggle to approve any PNF plans, because it could not approve proposals that would have an adverse effect on the environment.

It argued that scrapping the dual-approval process would help address the regulatory stalemate.

The council's vote came on the same day the state government announced it would not proceed with contentious private native forestry legislation.

Under the current law, landholders need approval from both their local council and a state authority (LLS).

The bill would have removed the requirement to go to council, but it was abandoned after concerns were raised about its impact on koala habitat.

The Nationals member for Tweed, Geoff Provest, threatened to cross the floor on the issue.

"In my whole political life, I've never crossed the floor, so to speak, or voted against a government policy," he said.

"In this case I have a strong belief and I think I've got the support of my wider community that this is not good legislation."…….

Read the full article here. 

BACKGROUND

To those who worked behind the scenes, those who emailed, tweeted, agitated - I thank you for this and for 🐨
I note the battle to stop the Bill is won but the Minister continues to champion the policy so it is a reprieve not yet a win. But we getting there! https://t.co/3QHwYQDzJa

— Catherine Cusack (@katieqs) November 14, 2022

In its 14 November 2022 ordinary monthly meeting business paper Kyogle Council asserted that the local government area has the third highest amount of private native forest on the North Coast of NSW with approximately 160,000 hectares. It further stated that: As of 2022, Council records indicate that there are 146 current approved PNF plans in the Kyogle local government area covering 382 parcels of land. Local Land Services advises that over half of all forest under freehold title is subject to an approved PNF. A further 84 PNF plans covering 279 parcels of land have historically been approved, however, it is likely these approvals have expired.

Council officers have discussed the above issue with the Department of Planning and Environment (DPE) with a view to finding a solution which ensures that duplication in regulatory processes is removed while ensuring that state and local government interests are protected.

DPE and Council officers agree that the best way forward is to amend the Kyogle LEP to make PNF permitted without consent on land zoned RU1 – Primary Production. This would enable any land owner who obtains an approved PNF Plan from LLS after the proposed amendment to the LEP takes effect, to proceed with PNF without obtaining development consent from Council. The cost to Council of implementing the withdrawal from the dual consent process is optimistically set by staff at $25,000.

IndyNR.com, 1 September 2022:

Logging at a property near the Border Ranges National Park was first noticed by a Kyogle Environment Group member on their way to the park.

Kyogle Council general manager Graham Kennett said the council received a complaint about the logging of native forest at a site along Forest Rd on July 25.

“Council officers inspected the site that day and immediately reported the matter to the Environmental Protection Authority and Local Land Services, who are the two state government agencies responsible for the regulation and approval of private native forests,” Mr Kennett said.

“Council also issued an emergency stop works order the following day.”

The property on Forest Rd is a short drive from the national park and 30km north of Kyogle.

The Kyogle Environment Group contacted Minister for Environment and Heritage James Griffin, Minister for Agriculture Dugald Saunders, State MP Janelle Saffin and MLC Sue Higginson as well as the EPA.

KEG secretary Sue Page received a letter about the logging from the EPA’s Carmen Dwyer.

The letter said the EPA had conducted two inspections at the property and identified alleged non-compliance issues.

“These matters are now subject to a formal investigation,” Ms Dwyer said.

Logging laws require landholders and contractors to comply with the Private Native Forestry Code of Practice.

“The EPA is currently investigating compliance issues at the property. Forestry operations have been suspended at the site following separate regulatory action instituted by Kyogle Council,” an EPA spokesperson said.

Neither council nor the EPA could give further details until the investigation is complete…….