Water rorting continues in the Murray-Darling Basin aided and abetted by the NSW Nationals

And local government and commercial interests in the Murray-Darling Basin have the hide to cry that they are water deprived and should be allowed to dam and divert water from the Clarence River catchment until that coastal system is a pale shadow of its vibrant self.

The Guardian, 4 August 2017:

The New South Wales regional water minister, Niall Blair, has quietly granted himself the power to approve illegal floodplain works retrospectively.

A Wentworth Group scientist, Jamie Pittock, has accused the NSW government of actively undermining the Murray-Darling basin plan as revelations have continued about the state government’s management of the river system.

Since Four Corners report raised allegations of water theft and secret meetings between a senior NSW water bureaucrat and a small number of irrigators,Blair is under increasing pressure over his water responsibilities.

This followed Daily Telegraph reports that the Nationals MP had been urging his Liberal colleague, the environment minister, Gabrielle Upton, to change the Barwon-Darling water-sharing plan retrospectively to favour large irrigators. He said the change was needed because of an error in the rules.

It has now come to light that Blair gazetted a Barwon-Darling valley floodplain management plan which gives him power to approve flood works built illegally even if they do not comply with requirements prior to the plan.

Under clause 39 of the new Barwon-Darling valley plan, a flood work that does not comply can be approved if “in the minister’s opinion” it is for an access road, a supply channel, a stock refuge or an infrastructure protection work

.

A spokesman for WaterNSW said three relevant applications from the Barwon-Darling region had been received since the change but none had yet been approved.

The NSW Greens MLC Jeremy Buckingham called on the NSW premier, Gladys Berejiklian, to remove the water portfolio from the National party after the regulation changes came to light.

“This is disgraceful example of the National party giving away free water to their big irrigator mates,” Buckingham said. “Many of these areas are so flat that even a 10 to 20cm bank can divert a huge amount of water into an irrigation dam and away from natural waterways.

“It’s a massive gift of water to the big irrigators. If we want to recover the water in the future then taxpayer will have to hand over huge amounts of compensation for what were illegal constructions.”

A spokeswoman for Blair said the gazettal was a “significant legacy issue” required to create a process where unapproved works could be properly and transparently assessed. She said to be considered, works must not have been previously refused and would still need to be assessed under certain criteria.

“Supply channels are one of the types of existing works that clause 39 indicates that we will accept application for,” the spokeswoman said. “Just because they are existing, doesn’t mean that they will be approved, just that they can apply. This approach is being rolled out through all floodplain management plans.”

Pittock, an associate professor in the Fenner school of environment and society at the Australian National University, said the revelations showed NSW was systematically white-anting the Murray Darling plan.

“The ‘rule error’ and other questionable dealings between wealthy irrigators, government officials and politicians in NSW highlight how the intent of the basin plan can be frustrated by those hostile to its implementation at the state level,” he told Guardian Australia.

“Changes of regulations in NSW have allowed irrigators to take erstwhile environmental flows by allowing greater pump capacity and earlier extraction based on river heights such that commonwealth-purchased environmental water in Queensland in not ‘shepherded’ through New South Wales to the lower Murray.

“Consequently towns like Broken Hill, pastoralists and Aboriginal communities, as well as the environment, have been starved of water.

Blatant water theft by miners being allowed under Berejiklian Government rules?

IMAGE: Ros Druce. Maules Creek Mine, January 2016 in New Matilda

ABC News, 10 September 2018:

A New South Wales coal mine is being accused of inappropriately taking more surface water than it is entitled to.

A review of Whitehaven Coal's Maules Creek Mine near Narrabri by the campaign group Lock the Gate showed it captured 1,800 million litres (ML) of surface water in 2016, despite being licenced to take 30 million litres.

Surface water is water that is collected from rainfall and run off.

An examination of surface water licences in New South Wales has been unable to find any other surface water licences held by the mine to justify the additional water.

"It does appear that the take is much higher than the licence they have explained to the community," Maules Creek farmer Lochie Leitch said.

Whitehaven Coal declined to be interviewed.

The company issued a statement saying it was in compliance with its water licences, and the use of rainfall and runoff is permissible under legislation.

Farmers whose properties neighbour the mine have joined forces with the campaign group, Lock the Gate Alliance, to lodge a complaint with the state's new water watchdog, the Natural Resources Access Regulator.

The NRAR was set up in April 2018 following a review of water management and compliance which was prompted by a story by the ABC's Four Corners.

The farmers are worried that the alleged collection of this extra surface water is affecting the environment.

"[It's] simply capturing too much water that would otherwise be recharging groundwater and flowing into surface water systems," Maules Creek farmer Sally Hunter said.

Independent Investigation into NSW Water Management and Compliance - interim report concerning theft and corruption allegations published 8 September 2017

It took a public airing of the issues by ABC TV “Four Corners” in its Pumped: Who is benefitting from the billions spent on the Murray-Darling? program on 24 July 2017 to force the Murray-Darling Basin Authority, Australian National Audit Office, Commonwealth Senate Rural and Regional Affairs and Transport References Committee, NSW Independent Commission Against Corruption and the NSW Berejiklian Coalition Government into investigative action.

The NSW Government has now published its initial 78-page report into allegations of theft and corruption in the management of water resources in the Murray–Darling Basin.

NSW Dept. of Industry:

On 11 September 2017, Ken Matthews issued a statement regarding the delivery of his Independent Investigation into NSW Water Management and Compliance. The focus of his interim report was to assess whether the department's policies, procedures and actions were appropriate, to recommend whether further actions should be undertaken, and to identify opportunities to improve the department’s future compliance and enforcement performance.

Download the Independent investigation into NSW water management and compliance – Interim report (2 MB PDF).

ABC News, 12 September 2017:

Yesterday, Mr Hanlon was stood down from the Department of Primary Industries pending a misconduct investigation: Four Corners had also revealed he had offered to share with them — via DropBox — internal departmental documents that had been "debadged".

His removal was announced as the Government released a wide-ranging report by Ken Matthews into the allegations raised in the program.

The Matthews report has turned out to be nothing of the whitewash many expected. What he has delivered instead is a grenade.

Among his recommendations is that the Government enforce a regime of "no metering, no pumping" which is sobering for no other reason than it is so obvious: the vast majority of people who pay water rates in this country will be aghast that this has not always been the case for water users who deal in billions of litres of water.

Most alarming for some government employees and businesspeople is the revelation contained in his report that the NSW Independent Commission Against Corruption (ICAC) has taken up an interest in the matter: including into whether the department has properly and fully pursued cases of alleged illegal water extraction.

As a result of its involvement, the fine details regarding "gaps in the case management record", and why cases were not pursued in the face of "prima facie evidence of substantive breaches", were not published. Instead, Mr Matthews handed these matters to the anti-graft commission.

From what I saw on the ground when we were filming this program, there will be many people sweating on what happens next. The Matthews investigation was clearly thorough, but it was done in a very short time, and with none of the powers of the ICAC.

A critical further point, that might otherwise be lost amid the hue and cry about illegal water take and meter tampering, is the question of so-called "environmental water".

Another of the findings in the Four Corners program was that huge volumes of this water — which had been purchased by taxpayers to help rescue the Murray-Darling Basin from the degradation caused by decades of over-extraction — was being harvested, legally, by some major irrigators.

This was made possible by a bizarre "water sharing plan" enacted in 2012 by which the NSW Government gave major water-users more reliable access to water — including by dumping restrictions on pump sizes and allowing fast, large-scale industrial extraction of water even when the river was running low.

Mr Matthews makes it clear that "this issue applies not only in the Barwon-Darling water system but elsewhere in NSW and the wider Murray-Darling Basin".

"Solving the problem will be critical to the success of the Murray-Darling Basin Plan," Mr Matthews found.

"It is a pre-condition if the anticipated environmental benefits of the plan are to be delivered.

"The issue is not new. Regrettably, it has continued without resolution for years ... there is a strong public expectation that arrangements should be in place already, and to the extent that they are not, a remedy is urgent."

This is a bombshell for the Commonwealth Government and this major economic and agrarian reform.

The South Australian Government has reacted to Mr Matthews' findings already, reiterating calls for a national judicial inquiry.

For Mr Le Lievre, and many others, this is where the significant changes need to be made. Communities like Louth will simply fade away without the water they once had flowing past.

Earlier this year, Mr Le Lievre told me someone in the NSW Government had to be held accountable for what had been done with the water.

The Matthews report goes some way to delivering precisely that, but, as the weathered farmer insisted at the time, "the only way to make them accountable and to stop them from pulling out legs is to do it under oath".

"Simple. They can't get out of it, they've got to tell the truth."

It is a power that was not available to Mr Matthews, or to the various other investigations now underway into the Four Corners revelations. It is, however, readily used in the ICAC's hearing room.

Pathetically low fines for non-compliance with rules enforced by the Natural Resources Access Regulator (NRAR) leaves Murray-Darling Basin irrigators in NSW laughing all the way to the bank with those dollars earned from what is essentially water theft

 

https://www.mdba.gov.au/importance-murray-darling-basin/where-basin

The State of New South Wales is currently not in drought. However, its rivers often have highly variable water flows so it was not surprising to find the morning of Tuesday 13 July 2021 revealing that WaterNSW State Overview real time data record showed that 14 of the state's rivers were flowing at less than 20%. While 15 of the state's principal dams registered volume levels at between 31.4% and 95.9% of capacity, with another 3 registering over 100% of recommended capacity.

Some of those rivers and dams fall within Murray Darling Basin boundaries.

Apparently - even in time of relative water plenty - healthy rivers, environmental water flows and intergenerational equity are not part of the business plan for many of the irrigators growing cotton, almonds, rice, fruit, vegetables, grape vines and other food & pasture crops - how else does one explain this?

The Sydney Morning Herald, 13 July 2021:

Nearly half of the biggest irrigators in NSW have made no effort to install meters that comply with new water laws more than six months after they became mandatory, an audit has found.

The NSW Natural Resources Access Regulator found that 45 per cent of large pumps that draw from rivers and creeks were not using compliant meters to measure how much water was taken, contrary to new laws designed to prevent water theft.

Only 23 per cent were fully compliant with a further third on their way to compliance based on evidence provided by way of invoices, product orders and emails confirming validation appointments.

NRAR’s chief regulatory officer Grant Barnes said there had been “a positive shift” in compliance rates since its desktop audit in April, which found two-thirds of irrigators were non-compliant, but there was still more work to be done with those water users who had neither installed the meters nor made an effort to do so.

“For us, this is about ensuring those water users who have done the right thing and have complied with the regulations get a fair go, and so these results will be disappointing to those people,” Mr Barnes said. “[Compliance] is also important to those who recognise the importance of a social licence for irrigators.”

Individuals who have shown no effort to comply face fines of up to $750 and irrigation companies face $1500 fines.

“The pumps in question here are gigantic, half-meter diameter straws that have the capacity to suck the lifeblood out of our rivers.”

Independent MP Justin Field

The meters were a central recommendation from the 2017 Murray Darling Basin Compliance Review, which found irrigator compliance in NSW and Queensland was “bedevilled by patchy metering, the challenges of measuring unmetered take and the lack of real-time, accurate water accounts”…...

Read the full article here.

Pressure mounts on Turnbull and Berejiklian governments to stop Murray-Darling Basin water theft

MEDIA RELEASE
25 July 2017	MR/56/17
NSW Farmers’ President Derek Schoen’s statement on ABC Four Corners: “Pumping” “ABC’s Four Corners episode last night raised a number of very distinct issues that all relate to water take in the Murray Darling Basin. One of the issues raised was illegal water take. The overwhelming majority of farmers and irrigators do the right thing, however, strong regulatory enforcement is needed when it is proven that water has been taken against the rules, or tampering/disabling of metering equipment has occurred. This is theft from all other water users and it should not be tolerated. Another issue raised on the program was the changes to the rules that were reflected in the Barwon-Darling Water Sharing Plan, finalised in 2012. These rule changes have been the subject of discussion amongst NSW Farmers’ elected representatives during past months and years, and are something that we know causes significant angst amongst all of the water users within that Water Sharing Plan. Where it is alleged that those rules were changed without true transparency for all water users- NSW Farmers fully supports an investigation into the process by which these rule changes were made. We call for this on the principle that these changes can have a significant impact on all water users, including stock and domestic water rights holders, and downstream users. These decisions need to be made with full transparency and scientific backing. Rule changes also need to occur through the established processes of the local consultation committee during the appropriate review period. The agricultural community needs complete certainty that this will occur, always.”

NSW Farmers – Level 6, 35 Chandos Street St Leonards 2065

NSW Environmental Defender's Office has served irrigator and Nationals donor Peter Harris a summons demanding he return more than five billion litres of water he is alleged to have illegally taken from the Barwon-Darling River

The Australian, 14 November 2017:

The NSW Environmental Defender’s Office has served irrigator and Nationals donor Peter Harris a summons demanding he return more than five billion litres of water he is alleged to have ­illegally taken from the Barwon-Darling River.

The incidents of alleged water theft are the subject of ICAC, Ombudsman and Office of Water inquiries, which follow the standing down and resignation of former senior NSW water bureaucrat Gavin Hanlon.

It has also been revealed that NSW Primary Industries Minister Niall Blair benefited Mr ­Harris, a cotton farmer, and other irrigators by changing the laws to pardon Mr Harris retrospectively for illegal flood works and that Mr Blair lobbied Environment Minister Gabrielle Upton to change the law to justify a decision to give Mr Harris more water trading rights.

In their action in the Land and Environment Court, the plaintiffs demand “the return of water, up to the equivalent of the total volume ... (to) occur immediately after the water is extracted from the water source and has passed through metering equipment” to measure it, but before it is stored.

Alternatively, the defender’s office is seeking orders so that Mr Harris forfeits his entitlement to the equivalent amount of water in ­future to replenish the river.

The summons was served on Peter James Harris and Jane Maree Harris and the matter is listed for December 8.

The amount of water allegedly taken would fill more than 2000 Olympic swimming pools.

Office chief executive David Morris said the action was being taken because the NSW government was not moving quickly enough to penalise Mr Harris.

“On two occasions EDO NSW has written to the NSW government outlining concerns about potential breaches of the Water Management Act 2000 (NSW) and informing the government of intention to commence civil enforcement proceedings,” he said.

“No adequate response has been received from the government. In the face of government inaction, our client (the Inland Rivers Network) has seen no other choice but to commence proceedings in the Land and Environment Court.”

ICAC investigating water theft and allegations of NSW government corruption involving party donors

Eventually full details of this investigation will become public, as it cannot seriously be thought to be in the public interest for the NSW Independent Commission Against Corruption (ICAC) not to publish findings.

The Australian, 27 October 2017:

ICAC has begun a preliminary ­investigation into whether NSW public officials favoured Nationals donor and irrigator Peter ­Harris by not prosecuting him over ­alleged water theft.

The Independent Commission Against Corruption is also investigating whether public officials made decisions in favour of western NSW irrigator and lobbyist Ian Cole by changing water sharing arrangements to benefit him.

A day after The Australian ­revealed that the corruption watchdog was investigating a case where Multicultural Affairs Minister Ray Williams wrote to ­Primary Industries Minister Niall Blair asking for prosecutorial ­action against constituent Garry Bugeja to be dropped, it has emerged that the NSW government is facing a ­series of inquiries over its water policies.

The Berejiklian government is facing the real spectre of a public ICAC inquiry potentially involving the two ministers and at least one former primary industries minister, Katrina Hodgkinson, just months out from the 2019 state election.

ICAC is investigating whether former deputy director-general of the Department of Primary ­Industry Gavin Hanlon disclosed confidential information to ­Barwon-Darling irrigators, allegations that have been the subject of a government inquiry and led to Mr Hanlon’s resignation.

The commission is also understood to be looking at whether any public official failed to properly investigate or prosecute Mr Harris, a cotton farmer from Moree, in northern NSW. ICAC is also understood to be investigating why the department’s strategic investigations unit was disbanded, leading to the abandonment of several water compliance operations.

There is also an investigation into whether any public official acted inappropriately in making changes to the Barwon-Darling Water Sharing Plan to benefit ­irrigator Mr Cole.

Another line of investigation is understood to be whether any person improperly gave access to departmental files and confidential material for the benefit of Mr Harris. Investigations into Mr Cole are understood to also involve whether pumps were attached to a property and were authorised by the department in breach of water laws…..

It was revealed earlier this year that Mr Blair sought law changes which may have benefited Mr Harris by retrospectively approving water-trading rights granted to him that appeared to not comply with the law. But Environment Minister Gabrielle Upton blocked the changes.

Mr Blair also legislated to allow past illegal works to be retrospectively approved — another piece of law which may have helped Mr Harris….

Mr Bugeja was not prosecuted for an alleged ­illegal dam in Sydney after Mr Williams wrote to Mr Blair

Water raiders still after Clarence River water and now looking to NSW Government

Obviously worried about the fact that the Rudd Government stands firmly behind the Northern Rivers and Clarence Valley opposition to damming and diverting environmentally sensitive coastal rivers, the Murray Darling Association is hedging its bets by also looking at twisting the arm of the NSW Government.

From A Clarence Valley Protest today:

Murray Darling Association members may be bickering at their annual conference but they are still fixed on the idea of Clarence River water diversion

The 65th Murray Darling Association annual conference is drawing to a close at Playford, SA and today at its annual general meeting the association will vote on not one but two motions concerning Clarence River water diversion.

Although association members are throwing around vague accusations about water theft and abuse within the Murray Darling Basin, they seem oblivious to the fact that this is the intent behind their motions concerning the NSW North Coast Clarence River catchment.

According to the Playford AGM Agenda:

13.2 Clarence River Region 2
For many years, Region 2 has been raising the issue of a feasibility study to dam part of the
Clarence River and divert some of the water inland to the Murray-Darling Basin to help alleviate water shortages. The Federal Government has made it quite clear that it will not support any such project but the NSW Government has not been as clear on the issue. Some years ago, the Association supported a feasibility study into the idea.
RECOMMENDATION: That the NSW Government be asked to respond directly to community requests over the years that part of the Clarence River be dammed to minimise flood damage and to divert some of the water inland to the Murray-Darling Basin.

13.3 Clarence River diversion Region 6
This proposed diversion of the Clarence River was first discussed in the 1930s. The Fraser
Government allocated $4 million to fund a feasibility study into the scheme. The Hawke
Government discontinued this. The proposal, if feasible, would involve the construction of a
headwater dam on the Clarence River, with a 22km tunnel under the Gibralta Ranges in Northern NSW. This tunnel would emerge on the Murray-Darling Basin side of the ranges and feed into the Beardy River, then the McIntyre River and, ultimately into the Basin. The Gibralta Ranges are situated in one of the highest rainfall areas in Australia. Benefits of the scheme include:
• The dams would have storage capacity approaching that of the Snowy Mountains
Scheme.
• The capacity of the headwater storage would provide flood control to the Clarence Valley.
• The diversion would only require 24% of the total maximum storage volumes of water to
provide similar volumes of water to the Basin as the Snowy Mountains Scheme.
• The generation of hydro-electricity is another major benefit.
This motion is not a request to build the scheme, but to revisit it in the context of recent climatic
events and over-allocations in the Murray Darling Basin.
RECOMMENDATION: That the MDA requests the Federal Government, as a matter of urgency, to commission a report on the Clarence River Diversion Proposal relative to water flows through the Murray-Darling system and to make that report widely available.

Only a handful of NSW landowners to face court over Murray-Darling Basin water theft allegations?

ABC News, 8 March 2018:

The NSW Government will prosecute several people over alleged water theft on the Barwon-Darling, eight months after Four Corners investigated the issue.

WaterNSW has named the people it is taking to the Land and Environment Court over alleged breaches of water management rules.

They are prominent irrigator Peter Harris and his wife Jane Harris, who own a major cotton farm near Brewarrina in the state's north-west and were named in the Four Corners story.

The couple have been accused of taking water when the flow conditions did not permit it, and breaching licence and approval conditions.

Three members of another prominent family are also facing charges: cotton grower Anthony Barlow from Mungindi near Moree and Frederick and Margaret Barlow.

The Barlows have been accused of pumping during an embargo and pumping while metering equipment was not working.

WaterNSW gave false figures: Ombudsman

WaterNSW announced the prosecutions an hour before the NSW Ombudsman released a scathing report saying the agency had given the Government incorrect figures on its enforcement actions.

The state's ombudsman, Michael Barnes, found WaterNSW gave incorrect figures when it provided statistics that showed there had been a significant increase in enforcements between July 2016 and November 2017.

"The information provided to us indicated that the updated statistical information from WaterNSW that we'd published was significantly incorrect," he said.

"There had, in fact, been no referrals for prosecutions and no penalty infringement notices issued in the relevant period."

Mr Barnes said he initiated a separate investigation after his office received complaints about the figures, and he found WaterNSW had inflated the statistics.

"As part of our investigation, we confirmed with Revenue NSW that no penalty infringement notices were issued by WaterNSW in the relevant period," he said.

The ombudsman said he raised the issue with WaterNSW, which has admitted to the mistake and apologised.

Mr Barnes also said he believed the error was unintentional.

The agency's CEO, David Harris, said staff have now manually reviewed all actions taken.

"Some of the detail WaterNSW provided was incorrect and, although it was revised, it is not acceptable and we are acting to ensure it does not happen again," he said……

NSW Ombudsman, Correcting the record: Investigation into water compliance and enforcement 2007-17: A special report to Parliament under sections 26 and 31 of the Ombudsman Act 1974, 8 March 2018, Amended enforcement outcome statistics:

South Australia calls for independent judicial inquiry into water theft under the Murray-Darling Basin Plan

RARE GATHERING: SA Senators, Premier, SA Water Minister & farmers unite to call for judicial inquiry into Murray water 'theft.' #9newscomau pic.twitter.com/EJnSgGj0bA

— Rory McClaren (@RoryMcClaren9) July 30, 2017

SA Senators, SA Premier, SA Water Minister & farmers unite

Alleged irrigator water theft heading for the courts?

A cousin by marriage of the current Australian Minister for Agriculture and Water Resources David Littleproud, John Norman, finds his agricultural business practices under scrutiny.....

The Guardian, 9 April 2018:

Fraud charges are expected to be laid against one of Queensland’s biggest cotton irrigators, John Norman, within a matter of weeks.

If the trial of the owner-operator of Norman Farming, and former cotton farmer of the year goes ahead, it is likely to draw attention to the links between the irrigator’s family and that of the federal minister for agriculture and water resources, David Littleproud.

If the charges are laid, they will also throw the spotlight on the Queensland government’s failure in administering a key plank of the $13bn Murray-Darling basin plan, how it withheld critical information about the alleged crimes, and how it raises queries as to whether it lied about its own investigation.

For the past 18 months, an expanding team of undercover detectives, cybercrime experts and forensic accountants have been investigating Norman’s business on the Queensland/New South Wales border, an irrigated cotton aggregate stretching 45km north from the McIntyre river.

The investigation has focused on whether Norman Farming misused upwards of $25m in Murray-Darling basin infrastructure funds that were supposed to make the irrigator more efficient and deliver water back to the ailing river system downstream.

The plan for the basin is funded by the commonwealth and administered by state governments. But allegations that the $150m Healthy Headwaters Water Use Efficiency projects in Queensland, part of the MDB plan, lacked any genuinely independent checks on projects, means it may have been left open to corruption.

“It’s been a loosey-goosey slush fund helping irrigators get richer,” according to Chris Lamey, a dry-land farmer who’s seeking compensation from Norman, his neighbour. “It’s achieved the opposite of what was intended. There’s a lot of water not getting into NSW now and it’s backed up in dams next door to me.”

Queensland’s covert police investigation into Norman Farming went public in October 2017, when dozens of major crime squad detectives holding multiple subpoenas fanned out from Goondiwindi in early-morning high-speed convoys, heading across the floodplain to the irrigator’s properties and several of its contractors in and around the border river town…..

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.

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

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)

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

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.....