Forest protection [Environmental Law Online]

Page type:: Article
Category:: Habitat and biodiversity
Jurisdiction:: Victoria, Commonwealth
Page rating:: 4

This article discusses various controls placed on the Victorian forestry industry. These include;

Regional Forest Agreements;
the licensing of various forestry practices under the Sustainable Forests (Timber) Act 2004 (Vic) and its Regulations; and
the impact of various Codes of Practice created by Victorian Government departments which control forestry operations on public and private land.

Regional Forest Agreements (“RFAs”) are agreements between the Commonwealth and State Governments which establish areas for the application of national standards for the control of forest-based and industries and timber harvesting.

The RFAs establish the forest reserve system within their area of operation, including the regulation of export woodchip licences under the Export Control Act 1982 (Cth).

RFAs between Commonwealth and State Governments have been implemented in ten out of twelve RFA areas across Australia, five of which are situated in Victoria. The RFA process seeks to implement Australia’s National Forest Policy Statement (1992) and has three main objectives:

to protect environmental values in a Comprehensive, Adequate and Representative (CAR) Reserve System based on nationally agreed criteria;
to encourage job creation and growth in forest-based industries, including wood products, tourism and minerals; and
to manage all native forests in an ecologically sustainable way.

The RFAs establish the forest reserve system within their area of operation, including the regulation of export woodchip licences under the Export Control Act 1982 (Cth).

RFAs are in place in the five regions:

East Gippsland (completed February 1997),
the Central Highlands (completed March 1998),
North East (completed August 1999),
Gippsland (completed March 2000) and
West (completed March 2000).

Further information on RFAs can be found from the Australian Government - Department of Agriculture, Fisheries and Forestry information on Regional Forest Agreements (RFAs).

Timber harvesting on public and private land

Timber operations on public land (i.e. State forests) are carried out by private forest operators licensed under the Sustainable Forests (Timber) Act 2004 (Vic) and its Regulations.

The Sustainable Forests (Timber) Act 2004 (Vic) establishes the framework for timber harvesting in Victorian State Forests and defines the roles of VicForests in administering the harvesting of Victorian timber.

Timber harvesting operations on private land are based on a Timber Harvesting Plan prepared by the forest owner or manager and prepared in conformity with the Code of Forest Practices.

Compliance with the Code of Forest Practices is required for timber operations on private land; (see Provision 52.18 of the Victorian Planning Provisions (VPP)). Timber harvesting operations are based on a Timber Harvesting Plan prepared by the forest owner or manager and prepared in conformity with the Code of Forest Practices. That plan must be prepared and lodged with the responsible authority prior to the commencement of harvesting operations.

Accordingly, a local Council, as the responsible authority under a local planning scheme, is responsible for assessing permit applications within its municipality and ensuring that all commercial timber production activities are consistent with the Code of Forest Practices.

Compliance with the Code of Forest Practices can be enforced as part of the planning scheme pursuant to section 114 of the Planning and Environment Act 1987.

For more information on this topic and Land Use Planning see Land use and planning in Victoria.

Codes of Practice

The Conservation, Forests and Lands Act 1987 gives power to the Minister to approve Codes of Practice which specify practical procedures for the carrying out of the objects or purposes of a relevant law. The Code of Practice for Timber Production provides standards for timber harvesting on public and private land in Victoria; (see section 31).

The Conservation, Forests and Land Act 1987 gives power to the Minister for Environment and Climate Chance (“the Minister) to approve Codes of Practice which specify practical procedures for the carrying out of the objects or purposes of a relevant law; (see section 31 of the Conservation, Forests and Land Act 1987).

Two Codes apply to this topic:

The Code of Practice for Timber Production 2007 - which applies to the control of timber production on public and private land, including timber harvesting, timber extraction roading, regeneration, and reforestation in native forests, as well as the establishment and management of softwood and hardwood plantations (see further below); and
Code of Practice for Fire Management on Public Land - which establishes policies and guidelines to minimise fire damage on public land.

Notice of the preparation of a Draft Code of Practice must be advertised both in a newspaper circulating in the area to which the draft Code applies and in the Government Gazette (section 35 of the Conservation, Forests and Land Act 1987). Any person may make a submission about a Draft Code of Practice of which notice has been given under section 35; (see section 34 of the Conservation, Forests and Land Act 1987).

The Code of Forest Practices for Timber Production is intended to ensure that timber operations are conducted in such a way that:

promotes an internationally competitive forest industry;
is compatible with the conservation of a wide range of environmental values associated with forests;
promotes the ecologically sustainable management of native forests proposed for continuous timber production; and
enhances public confidence in the management of timber harvesting.

Copies of the the various strategies and plans can be obtained from the Victorian Government Department of Sustainability and Environment - Code of Practice for Timber Production page