Eastern Australia is now a global deforestation hotspot and koala numbers are plummeting

Image: Wilderness Society

Echo NetDaily, 16 November 2018:

Koala numbers have plummeted by 33 per cent over the last twenty years and experts are now warning that they are likely to be driven to extinction. In NSW the decline of koalas and other native wildlife is being driven by inadequate state laws regulating both private land clearing and logging.

The National Parks Association of NSW (NPA) is calling on the NSW government to ‘abandon its draconian logging plans and chart an exit out of native forest logging, and for the federal government to rethink its commitment to signing new Regional Forest Agreements (RFAs),’ said Ms Alix Goodwin, NPA CEO.

They’ve based their call on the recent study by three University of Canberra academics for Forest & Wood Products Australia (FWPA) reported recently in the Sydney Morning Herald that showed a strong majority of people oppose native forest logging. 

‘The study found that urban and rural votes broadly share the same strong disapproval of logging – putting the lie to claims that only urban dwellers care about the environment – and that logging is unpopular even where the remnants of the industry persist,’ said Ms Goodwin. 

‘The results are in line with polling conducted in the NSW electorates of Lismore and Ballina in December 2017 that showed 90 per cent support for protecting forests for wildlife, water, carbon stores and recreation.

‘This is the latest piece of evidence that clearly demonstrates how far the NSW government’s plans to intensify logging, abandon species protections and open protected forests up for logging are removed from public expectation,’ she said……

‘Koala numbers are plummeting in NSW. It is estimated they fell from 31,400 to 21,000 in the two decades from 1990–2010, and their numbers are continuing to decline in most parts of the state.

‘Deforestation rates have escalated in NSW and eastern Australia is now a global deforestation hotspot. We need new laws to turn this around.

‘We want people to understand that koalas face extinction unless we stop destroying their homes, which means ending deforestation and the bulldozing of habitat.’

NSW Nature Conservation Council CEO Kate Smolski said: ‘In one district in the northwest of the state, more than 5,000 hectares of koala habitat were bulldozed in just 12 months.

‘Trees in that region were bulldozed at a rate of about 14 football fields a day, and that’s just one part of our state.

‘We know what the solution is. We need strong new laws to end deforestation and start restoring degraded habitat so wildlife like koalas can thrive.

‘That’s why we are advocating for law reform to protect high-conservation-value forest and bushland, and to set up a biodiversity and carbon fund to pay landholders to restore degraded areas.....

This private member's bill signals an ongoing threat to forests on the NSW North Coast and elsewhere in the state

This is Austin William Evans, NSW Nationals MP for Murray since 14 October 2018 when he won the seat on the back of a by-election after fellow Nationals Adrian Piccoli resigned.

On 18 October 2018 Evans introduced a private member’s bill in the NSW Legislative Assembly titled, National Parks and Wildlife Legislation Amendment (Riverina) Bill 2018 or An Act with respect to certain lands in the Riverina region reserved under the National Parks and Wildlife Act 1974 or dedicated under the Forestry Act 2012; and for other purposes.

As yet no text of this bill is publicly available.

However, there are no prizes for having guessed that this bill seeks to revert  the Murray Valley National Park to a state forest to allow timber harvesters back in.

According to state parliamentary records the Bill lapses in accordance with Standing Orders on 19/4/2019.

Austin Evans has told the media he hopes to have a second recording of the bill before the end of the year and expects Berejiklian Government MPs to support it.

The 41,601ha Murray Valley National Park was declared in July 2010 and is part of the largest continuous red gum forest in the world, this region hosts a unique ecosystem with over 60 threatened native animal species and 40 threatened plant species. It is also an important place for Aboriginal people.

Make no mistake Evans’ bill represents the unsustainable native timber industry’s desire to make inroads into the wider national park system.

In fact it made sure it never really left the Murray Valley National Park, having received milling timber via so-called ''ecological thinning'' of sections of the park since 2012.

Given the number of national parks and reserves in the Northern Rivers region it is time to put pen to paper and remind Premier Gladys Berejiklian that growing the total area covered by the national park system, as well as reining in broad scale land clearance and/or extensive logging in rural and regional areas, is one of the easiest ways to mitigate against rising state greenhouse gas emissions.

The Berejiklian Government has already walked back from the transfer of 23,000 hectares of low productivity state forests to the national park estate and presented a whittled down version of the National Park Estate (Reservations) Bill 2018 which passed both Houses on 17 October 2018.

Although under this passed bill an est. 2,200ha of state forest will become part of the national park estate in January 2019 and and further est. 1,791 of state forest will be rededicated as state conservation areas, the total amount of protected viable koala habitat is limited.

In an effort to redress this, amendments were proposed which include the creation of the Great Koala National Park.

As of 18 October 2018 both NSW Greens and NSW Labor support the Great Koala National Park proposal and, if there is a change of government at the 23 March 2019 state election, we should see a genuine start to placing protection on enough viable habitat to begin to reverse the koala's decline towards local extinctions.

Scientists, traditional owners & community call on NSW Premier Berejiklian to withdraw the Water NSW Amendment (Warragamba Dam) Bill 2018 from the NSW Parliament, and that plans to raise Warragamba Dam be taken off the table immediately

Water NSW Amendment Bill 2018 - Proposed Inundation of the Blue Mountains National Park by clarencegirl on Scribd

Berejiklian Government accused of timber fraud on NSW North Coast

North East Forest Alliance (NEFA), 27 August 2018:

 The North East Forest Alliance has accused the NSW Government of fraudulently claiming a shortfall in high quality logs available from State Forests in north-east NSW to justify their wind-back of environmental protections and intention to log oldgrowth forest and rainforest.

NEFA today released a review of timber yields and modelling for north-east NSW over the past 20 years that has identified a number of serious problems with yield estimations and allocations from the region that will be referred to the Auditor General.

"The most significant issue revealed is that the Government has removed hardwood plantations from yield calculations to concoct a yield shortfall to justify removing environmental protections, while apparently intending to reallocate plantation timber to low value products for export" says report author Dailan Pugh.

"According to the Government's data there is absolutely no need to log oldgrowth forests, or to remove other existing environmental protections to satisfy current timber commitments.

"The Natural Resources Commission (NRC) turned an identified surplus of 37,000 cubic metres per annum of high quality sawlogs from State Forests in north-east NSW over the next hundred years into a claimed deficit of 8,600 cubic metres per annum by simply excluding hardwood plantations from their calculations.

"The NRC's claim that 'it is not possible to meet the Government’s commitments around both environmental values and wood supply' is based on a lie. Nowhere do they identify that they excluded plantations. They did this to create the pretence of a shortfall.

"Plantations already provide some 30,000 cubic metres(14%) of high quality hardwood log commitments per annum, with yields projected to increase up to 75,000 cubic meters of high quality logs per annum into the future.

"NSW Taxpayers have spent $27 million just since 2000 establishing hardwood plantations explicitly to provide high quality logs to take the pressure off native forests.

"It is outrageous that the Government has excluded plantations to concoct a shortfall in timber from State Forests in order to justify increasing logging intensity, reducing retention of habitat trees, removing protections for numerous threatened species, halving buffers on headwater streams, as well as now opening up oldgrowth forest and rainforest protected in the Comprehensive Adequate and Representative (CAR) reserve system for logging.

"The Government recently issued an Expression of Interest for 416,851 tonnes per annum of low quality logs from north-east NSW, of which 219,000 tonnes (53%) is apparently to be obtained by downgrading all timber from the 35,000 ha of north-east NSW's hardwood plantations to low quality logs and committing them in new Wood Supply Agreements aimed at the export market.

"Three NSW Environment Ministers (Parker, Stokes and Speakman), along with the Environment Protection Authority, repeatedly promised that the new logging rules (Integrated Forestry Operations Approval) would result in no net change to wood supply, no erosion of environmental values, and no reductions in the CAR reserve system.

"Instead of honouring their promises, in a blatant ploy the Government has changed the wood supply, by surreptitiously excluding plantations, to justify erosion of environmental values and reductions in the reserve system.

"NEFA calls upon the NSW Government to honour their promises by reinstating the intended role of plantations in providing high quality sawlogs to take the pressure off native forests, and to use the resultant timber surplus to reinstate the environmental protections they are intending to remove", Mr. Pugh said.

Port News, 28 August 2018:

I noticed in the report by the NSW Government DPI’s principal research scientist, Dr Brad Law, which was published in the Port News on August 1that he claims recent audio recordings of male koalas in the hinterland of our state forests revealed evidence of up to 10 times the previously estimated occupancy.

Well obviously if this was the first time audio study of male koalas in the breeding season had been carried surely finding any koalas at all would be an increase in findings. The Australia Koala Foundation showed that one male koala 'Arnie' a dominant male occupied a home range of 43 hectares in area so no doubt the study took precautions to not record the same koala in other of the 171 sites.

Each site however did not always record even one or two scats. The evidence proves only 65% of the 171 sites tested held one koala and the scats do not prove in any way a home colony had even once existed at these sites.

Dr Law rejoices that in his study that heavily logged, lightly logged and old growth forest areas showed similar results which seemed to suggest that logging of our NSW State Forests has no effect on koala numbers.

Really?

In a study by the recognised koala expert, Dr Steve Phillips, commissioned by our own PMHC he found that most of the suitably sized koala food trees have already been logged out.

So WTF do they eat?

This no harm heavily logged forest claim by Dr Law will get a real test soon when the NSW Government introduces intensive logging in “Regrowth B” area. A map obtained under GIPA by the North Coast Environment Centre indicates 142,818 ha. of our north coast state forests between Taree and Grafton will be clear-felled.

Any small trees left will be hauled away to the soon be established Biomass Plants at Taree, Kempsey and Grafton and now it seems a new “renewable energy” diesel manufacturing plant at Heron’s Creek. “Renewable” meaning over the next 100 years.

Any regrowth in the intensively logged forests will likely be sprayed and Blackbutt monocultures planted.

Oh, and so no damage is done to the forest populations of koalas and protected animals and plants small clumps of forest will be left.

How a male koala will roam to the next paradise island of the living dead to breed without being attacked by wild dogs or run over by logging trucks is not discussed in the literature.

Even Dr Law did not bother to defend his government’s offset scheme which will according to evidence presented at the PMHC Koala Roundtable result in local extinction of koalas in the Port Macquarie local government area…..

IT'S TIME TO #standup4forests AND TELL THE NSW GOVERNMENT TO LEAVE OUR FORESTS ALONE, Community Meeting, 5pm Saturday 30 June 2018, Grafton District Service Club

Conservationists Alarmed at NSW Government Plans for our Forests

Conservationists are alarmed about the NSW Government’s proposals to increase logging intensity in our public forests.

And while the Government is proposing drastic changes weakening logging rules, it is avoiding holding meaningful public consultations about their plans. North Coast conservationists had wanted to the Environment Protection Agency (EPA) to visit local forests to see first hand the damage that has already resulted from the current logging practices. The EPA refused to participate.

This is probably not surprising given that the EPA, which is charged with monitoring and ensuring compliance of logging operations in the State Forests, has failed in ensuring that the current regulations have been adhered to.  And on those occasions when it has determined that there have been breaches, the penalties it imposed have been of the “slap on the wrist” nature. So it is no wonder that the current rules have frequently been ignored.

The North Coast Environment Council (NCEC) and the North East Forests Alliance (NEFA) are countering the Government’s current consultation failure by holding their own meetings to explain to the community exactly what the Government has in mind for the future of our public forests. Several meetings have already been held on the North Coast with more planned, including one for Grafton at the Grafton District Services Club (upstairs) on Saturday June 30.

In a recent statement NCEC Vice-President Susie Russell outlined the consequences of the Government’s proposed changes.

“If the proposed rules are implemented, every population centre on the north coast will see its water yields drop as intensive land clearfell logging dries out the catchments. There will be increased erosion and sedimentation of streams from decreased stream buffers.

“The extinction cliff for many of our native animals and plants will be reached faster as there will no longer be a requirement to look for them prior to logging.

“The carbon storage capacity of our forest estate will be greatly diminished as logging intensity increases and the dense, young regrowth is more flammable than the mature forests it replaces.

“All this at a time when climate change is accelerating and the planet's temperature is rising. We need now to be protecting our future by maximising the shade, natural water and carbon storage, while connecting habitats to enable animals to move to more suitable areas,” she said.

The NCEC is concerned that areas that have been off-limits to logging for 20 years - old growth forest, stream protection buffers, and high quality koala habitat – will be sacrificed to meet wood contracts.

Our state Government needs to be reminded that State Forests belong to the people of this state – not to the timber industry or to a Government that seems hell-bent on damaging as much of the natural environment as it can while it is in office.

            - Leonie Blain

The political endorsements of extinction by Turnbull, Berejiklian and Palaszczuk governments continue

The Sydney Morning Herald, 5 June 2018:

Wild fish stocks in Australian waters shrank by about a third in the decade to 2015, declining in all regions except strictly protected marine zones, according to data collected by scientists and public divers.

The research, based on underwater reef monitoring at 533 sites around the nation and published in the Aquatic Conservation journal, claims to be the first large-scale independent survey of fisheries. It found declining numbers tracked the drop in total reported catch for 213 Australian fisheries for the 1992-2014 period.

The biomass of larger fish fell 36 per cent on fished reefs during 2005-15 and dropped 18 per cent in marine park zones allowing limited fishing, the researchers said. There was a small increase in targeted fish species in zones that barred fishing altogether.

"Most of the numbers are pretty shocking," said David Booth, a marine ecologist at the University of Technology Sydney. “This paper really nails down the fact that fishing or the removal of large fish is one of the causes” of their decline.

Over-fished stocks include the eastern jackass morwong, eastern gemfish, greenlip abalone, school shark, warehou and the grey nurse shark. The morwong catch, once as common as flathead in the trawl fishery, dived about 95 per cent from the 1960s to 109 tonnes in the 2015-16 year to become basically a bycatch species……

…Peter Whish-Wilson, the Greens ocean spokesman, said the new research was largely based on actual underwater identification – including the Reef Life Survey using citizen scientists. It suggests fishing stocks "are not as rosy as the industry or government would like us all to think".

"This study also shows that marine parks can be successful fisheries management tools but we simply don’t have enough of them or enough protection within them to deliver widespread benefits," he said.

"The new Commonwealth Marine Reserves are woefully inadequate and won’t do anything to stop the continuing decline in the health of our oceans."

Environmental Defender's Office NSW, July 2017:

Humane Society International Australia (HSI), represented by EDO NSW, is seeking independent review of the Great Barrier Reef Marine Park Authority’s (GBRMPA) decision to approve a lethal shark control program in the Great Barrier Reef Marine Park.

HSI has lodged an appeal in the Administrative Appeals Tribunal (AAT) which will require a full reconsideration of the approval of the shark control program. The 10 year lethal control program targets 26 shark species in the Marine Park, including threatened and protected species. The appeal is based on the public interest in protecting the biodiversity of the Great Barrier Reef Marine Park.....

As apex predators, sharks play a vital role in maintaining the health of the Great Barrier Reef. HSI is concerned about the ongoing impacts caused by the use of lethal drumlines which are known to impact not only on shark species but also dolphins, turtles and rays. HSI is calling for non-lethal alternatives for bather protection.

The Sydney Morning Herald, 27 May 2018:

Forest covering an area more than 50 times the size of the combined central business districts of Sydney and Melbourne is set to be bulldozed near the Great Barrier Reef, official data shows, triggering claims the Turnbull government is thwarting its $500 million reef survival package.

Figures provided to Fairfax Media by Queensland’s Department of Natural Resources, Mines and Energy show that 36,600 hectares of land in Great Barrier Reef water catchments has been approved for tree clearing and is awaiting destruction.

The office of Environment Minister Josh Frydenberg did not say if his government was comfortable with the extent of land clearing approved in Queensland, or if it would use its powers to cancel permits.

The approvals were granted by the Queensland government over the past five years. About 9000 hectares under those approvals has already been cleared.

Despite the dire consequences of land clearing for the Great Barrier Reef – and billions of dollars of public money spent over the years to tackle the problem – neither Labor nor the government would commit to intervening to stop the mass deforestation.

Environmental Defender's Office NSW, 25 May 2018:

Freedom of information laws are an important mechanism for making government decisions transparent and accountable. But the existence of such laws doesn’t mean access to information is easy.

It took a three-year legal process for the Humane Society International (HSI), represented by EDO NSW, to access documents about how the Australian Government came to accredit a NSW biodiversity offsets policy for major projects. 

The NSW policy in question allowed significant biodiversity trade-offs (that is, permitting developers to clear habitat in return for compensatory actions elsewhere) seemingly inconsistent with national biodiversity offset standards. HSI wanted to know how the national government could accredit a policy that didn’t meet its own standards.

Despite Australia being a signatory to important international environmental agreements and accepting international obligations to protect biodiversity, in recent years it has been proposed that the national government should delegate its environmental assessment and approval powers to the states, creating a ‘one stop shop’ for developers.

The original FOI request in this case was submitted in early 2015, during a time when Federal and State and Territory Governments were actively in consultation on handing over federal approval powers under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This was to be done in the name of efficiency, with the assurance that national standards would be upheld by the states.

Over 60 documents finally accessed by HSI show this was a false promise. The documents reveal that federal bureaucrats in the environment department identified key areas of the NSW policy that differed from federal standards.

Despite this, the policy was accredited.

Accreditation meant that the NSW policy could be used when approving developments with impacts on nationally threatened species found in NSW, instead of applying the more rigorous national offsets policy.

In the time it took to argue for access to the documents, NSW developed a new biodiversity offsets policy as part of broader legislative reforms for biodiversity and land clearing. Unfortunately, the new NSW biodiversity offsets policy continues to entrench many of the weaker standards. For example, mine site rehabilitation decades in the future can count as an offset now; offset requirements may be discounted if other socio-economic factors are considered; and supplementary measures - such as research or paying cash - are an alternative to finding a direct offset (that is, protecting the actual plant or animal that has been impacted by a development).

While there have been some tweaks to the new policy for nationally listed threatened species, there is still a clear divergence in standards. The new policy, and the new NSW biodiversity laws, are now awaiting accreditation by the Australian Government.

How our unique and irreplaceable biodiversity is managed (and traded off) is clearly a matter of public interest. And on the eve of a hearing at the Administrative Appeals Tribunal, the federal environment department agreed and released over 60 documents. While it was a heartening win for transparency and the value of FOI laws, it was a depressing read when these documents revealed the political endorsement of extinction.

The people of the Liverpool Plains versus Santos and its irresponsible domestic and international shareholders

Oil and gas mining corporation Santos Limited is currently seeking approval to drill up to 850 natural gas wells on est. 425 sites over 95,000 hectares in the Pilliga Forest region of north-west New South Wales. 

Pilliga Forest is consdered a rare example of intact temperate forest and covers an est. 300,000 hectares sitting atop a recharge area of the Great Artesian Basin.

Santos presents itself as an Australian company, yet two affilated Chinese companys hold over 624 million voting shares in the company1 and its top institutional shareholders contain the usual mix of international banks, finance and investment companies2.

In its 2017 annual report Santos admits; A range of environmental risks exist within oil and gas exploration and production activities3. 

This is the response of the people living on the Liverpool Plains. 

Sacrifice Zone: the story of a realAustralian gas crisis

The backyard of New South Wales is facing its biggest threat yet – invasive gasfields. Betrayal by governments has meant protectors are fighting to save the things they love. The Pilliga, Great Artesian Basin, Liverpool Plains – all are at risk. This is a David and Goliath battle to save our land, air and water from destruction. It’s also a fight for the soul and future of Australia. In this film we meet the experts and people living in the sacrifice zone and uncover the truth behind the real gas crisis confronting ordinary Australians.

https://youtu.be/h3h1FxwI1CE

Footnotes
1. As of 27 June 2017 Hony Partners Group, L.P and ENN Ecological Holdings Co Ltd acting in concert
2. At Page 130 https://www.santos.com/media/4319/2017-annual-report.pdf.

3. 15 February 2017 Queensland Department of Environment and Heritage Protection fined Santos  $12,190 for non-compliance with a Soils Management Plan.

Killing coastal trees is an occupation for individuals with puny minds and shrivelled souls

Clarence Valley Council, media release, May 21, 2018:

Tree vandals hit Yamba again

MULTIPLE trees on the headland between Yamba’s Convent and Pippi beaches are dying in what Clarence Valley Council staff believe is a deliberate and brazen attempt to improve views for nearby residents.

Council’s works and civil director, Troy Anderson, said coastal trees had an important role in protecting headlands and landowners needed to remember they belonged to the community.

“The environment is not theirs to destroy,” he said.

“It belongs to everyone.”

Mr Anderson said about 20 trees had been poisoned in the area over the past six months. They included coastal casuarinas, coastal banksias, pandanus and tuckeroos – all native and endemic to the area.

“In the past two years we have lost between 50 and 100 trees along our coastline.

“We’ve had it happen in Wooli, Diggers Camp, Angourie and twice in Yamba last year – including the site of this latest poisoning.”

He said staff would prepare a report to council recommending a range of actions to mitigate tree vandalism that could include:

managing views for public benefit only at approved locations;

planting species that will enable views to be substantially retained in locations where those views may be enjoyed by the public;

public awareness and education initiatives;

installation of signage at the vandalised area;

installation of view screens or containers at the vandalised area, and

rehabilitation of the vandalised area.

“If people have any evidence of who might be responsible they should report it to council and we will follow it up,” he said.

The sites of where some of the trees have been destroyed.

Trees between Yamba’s Convent and Pippi beaches destroyed by vandals.....

"We don't have old buildings, we have old trees": the fight to save a 200 year-old Lennox Head fig tree continues

Echo NetDaily, 30 April 2018:

Ballina Council has offered a temporary reprieve for the 200 year old Moreton Bay fig tree in Castle Drive Lennox Head. Photo Jenny Grinlington.

Ballina’s Deputy Mayor, Keith Williams, has thanked locals campaigning to save a 200-year-old Fig Tree at Lennox Head.

He said community pressure had contributed to a rethink from the mayor that resulted in a last minute rescission motion to temporarily save the tree while further investigation is undertaken.

The motion signed by Mayor David Wright, Cr Williams and Cr Meehan calls an Extraordinary Meeting to consider further technical reports on the causes of cracking in an adjoining house.

‘A number of highly qualified arborists have written to Council urging further investigation of the tree roots and claiming that soil moisture issues under the house are a more likely source of the damage than the tree. This warrants further investigation, said Cr Williams.

‘This tree predates the arrival of European settlers in the area. Apart from items such as centuries old fish traps, these ancient trees are some of the most significant heritage items in the shire. They should be protected on that basis.’

‘I think all councillors are mindful of the fact that our insurer has accepted a claim for damage and denied future liability unless this tree is removed. But if that assessment is wrong, we should challenge it on behalf of our community’, said Cr Williams.

He told Echonetdaily it was ‘a difficult issue – we’ve been placed in a difficult position with our insurer. They don’t value heritage. This in my view this is a significant item of heritage – we don’t have old buildings, we have old trees.

While the date of the extraordinary meeting is still to be determined by the general manager, Cr Williams said he expects it to be ‘within next couple of weeks’.....

A brief respite in the NSW Berejiklian Government's war on the natural world

"Clearing under the Code may threaten the viability of certain threatened species at property and local landscape scale. The risk highest in overcleared landscapes where most clearing is likely to occur under the Code." [NSW Office of Environment & Heritage, "Concurrene on Land Management (Native Vegetation) Code", August 2017, p. 3]

Sometime in 2017 a document was prepared for the NSW Minister for Environment & Heritage and Liberal MP for Vaucluse Gabrielle Upton to sign in order for increased clearing of native vegetation across New South Wales to occur.

This new land clearing policy came into effect in August of that year but faced a legal challenge.

The Coffs Coast Advocate, 9 March 2018:

THE Land and Environment Court has delivered a massive blow to the NSW Government by ruling its land clearing laws invalid because they were made unlawfully.

The Nature Conservation Council (NCC) launched a legal challenge to the codes last November arguing Primary Industries Minister Niall Blair failed to obtain concurrence from Environment Minister Gabrielle Upton before making the codes, as is required by law.

This morning the government conceded this was the case and NCC chief executive Kate Smolski was was quick to pounce.

"Today's ruling is an embarrassing admission of failure by the government and a great victory for the rule of law and the thousands of people who have supported us in taking this action,” she said.

"It is deeply troubling that the government disregarded the important oversight role of the Environment Minister when making environmental laws but we are even more concerned about the harmful content of the laws themselves.

"By the government's own assessment they will lead to a spike in clearing of up to 45 per cent and expose threatened wildlife habitat to destruction including 99 per cent of identified koala habitat on private land.

"Premier Berejiklian must act now to prevent further plundering of our forests, woodlands and water supplies by scrapping these laws and making new ones that actually protect the environment.”…..

The NSW Government is yet to issue a statement on the decision.

~~~~~~~~~~~~~~~~~~~~~~~~~~~

Nature Conservation Council (NCC)

Media Release, 9 March 2017:

Court finds NSW Government land-clearing laws invalid

The Land and Environment Court today ruled the NSW Government’s land-clearing laws invalid because they were made unlawfully.

“The government has bungled the introduction of one of its signature pieces of legislation, and in the process demonstrates its careless disregard for nature in NSW,” Nature Conservation Council CEO Kate Smolski said.

“Today’s ruling is an embarrassing admission of failure by the Berejiklian government and a great victory for the rule of law and the thousands of people who have supported us in taking this action.”

The Nature Conservation Council, represented by public interest environmental lawyers EDO NSW, launched legal challenge against the government’s land-clearing codes last November.

NCC had argued through its barristers Jeremy Kirk SC and David Hume the codes were invalid because the Primary Industries Minister failed to obtain concurrence of the Environment Minister before making the codes, as is required by law. The government today has conceded this was indeed the case.

“It is deeply troubling that the government disregarded the important oversight role of the Environment Minister when making environmental laws, but we are even more concerned about the harmful content of the laws themselves,” Ms Smolski said.

“By the government’s own assessment, they will lead to a spike in clearing of up to 45% and expose threaten wildlife habitat to destruction, including 99% of identified koala habitat on private land.

“These laws were made against the advice of the scientific community and against the wishes of the vast majority of the many thousands of people who made submissions.

“It would be completely cynical for the government to immediately remake these laws without first correcting their many flaws and including environmental protections the community wants and the science says we need.

“Premier Berejiklian must act now to prevent further plundering of our forests, woodlands and water supplies by scrapping these laws and making new ones that actually protect the environment.”

Ms Smolski pledged to continue the campaign to overturn weak land-clearing laws.

“As the state’s peak environment organization, we will do everything we can to expose the damage of land clearing and will not stop until we have laws that protect nature,” she said.

“These laws are a matter of life or death for wildlife. More than 1000 plant and animal species are at risk of extinction in this state, including the koala and 60 per cent of all our native mammals.

“Land clearing is the main threat to many of these animals, and the laws this government introduced unlawfully are pushing them closer to the brink.

“It is regrettable that we had to take the government to court to make it abide by its own laws, but it demonstrates the critical role organisations like ours play in our democracy.”

Media Release, 2 March 2018:

Environment Minister knew 99% of koala habitat would be exposed to land clearing by contentious new laws, FIO document shows

A document obtained under freedom of information laws shows the Berejiklian government knew its new land clearing laws would cause extensive harm to wildlife habitat but pressed ahead with the changes anyway.

“This is damning evidence that the Environment Minister approved these new laws knowing they would expose 99% of identified koala habitat on private land to clearing,” NCC CEO Kate Smolski said.

“The document also shows the Minister was warned the laws could cause a 45% spike in land clearing and that they would mostly benefit very large agribusinesses that could clear land on a massive scale, not smaller enterprises and farming communities across the state.

“It shows what we have suspected all along – environment policy in NSW is being dictated by the National Party and the powerful agribusiness interests the party represents.

“Minister Upton knew these laws were very bad for threatened species and bushland, yet she approved them anyway. This is a disgrace.”

The document, obtained by EDO NSW for the Nature Conservation Council, was prepared by the Office of Environment and Heritage for the Environment Minister and outlined the consequences of Ms Upton agreeing to land-clearing codes proposed by Primary Industries Minister Niall Blair.

Key warnings in the document include:

* “The regulatory changes will further increase agricultural clearing by between 8% and 45% annually.” (Page 3)

* Clearing under the code risks: “Removing key habitat for threatened species, including koala habitat (less than 1% of identified koala habitat in NSW is protected from clearing under the Code)” and “Increasing vulnerability of threatened ecological communities”. (Page 6)

* If unchecked “such clearing could destroy habitats, cause soil and water quality impacts”. (Page 5)

* “The main benefits are likely to be private benefits for large farming operations which broadscale clear under the Code.” (Page 6)

“These are terrible laws that put our wildlife at risk,” Ms Smolski said. “Premier Berejiklian should act immediately to protect the thousands of hectares of koala habitat at risk by exempting sensitive areas from code-based clearing. “In the longer term, she should go back to the drawing board and draft new laws that protect our precious wildlife and bushland.”

Download the FOI document here. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~

Snapshots from NSW Office of Environment & Heritage, "Concurrence on Land Management (Native Vegetation) Code", August 2017:

UPDATE

The respite ended before it really began………

The Guardian, 11 March 2018:

But the government made no delay remaking the laws, announcing on Saturday it had been completed.

“The remade code is identical to the previous one and is an integral part of the new land management framework which gives landowners the tools and certainty they need,” said David Witherdin, the CEO of Local Land Services, which oversees clearing under the codes.

The move was condemned by the NCC.