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
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…….