Adequate Balance between Commercial Forestry and Conservation of Native Vegetation - Research Paper Example

Name: Tutor: Course: Date: The law has struck an adequate balance between commercial forestry and conservation of native vegetation Introduction The management and conservation of forests has been considered a high-profile and significant issue in international and Australian law. Various legislations have been enacted by the Commonwealth and State Governments to provide guiding framework for the management and conservation of forests1. The Regional Forest Agreements between the Commonwealth and State Governments has extensively directed the legislations on forests management. Land and resource management activities within Australia are accomplished through a framework of environmental laws as well as regulations that are implemented based on the state or territory level2. Thus, it is where the main objective for forest management is centered. A number of states and territories have developed different legislations to ensure sustainable conservation and management of forests. In Australia and particularly in New South Wales, Tasmania, Western Australia, South Australia and Victoria there are comprehensive legislative provisions which govern the planning and review for forest management3. This is implemented through public and indigenous participation as well as the regulation of the Australian forest clearing within the multiple-use of public forests, private forests and the nature conservation reserves controlled by the government. This implies that a range of legislations on forest conservation and management have been enacted in Australian states. For example, the Victoria’s Sustainable Forests or Timber Act 2004 is a legal framework that ensures the sustainable management of forest and timber harvesting within the multiple-use of the public forests in the state. The research seeks to discuss how Australian law has struck an adequate balance between commercial forestry and conservation of native vegetation by assessing the role of National and State Forest Agreements in Australia, discuss how jurisdictions continue to enhance codes forest practice by different categories of specialists in the multiple-use the public forests, certain jurisdictions as well as private forests. It also evaluates Australian Policy Context for Native Vegetation Management and concludes with a legal case for Wielangta Forest in Tasmania. The role of National and State Forest Agreements in Australia The conservation and sustainable management of forests is promoted by the National Policy Development. This can be traced from the approach that was adopted in 1992 through the National Forest Policy Statement that basically involved the negotiation of the Regional Forest Agreements (RFAs) between the government of Australia and other state governments4. Today, the RFAs are implemented as the 20-year plans for the sustainable management and conservation of native forests in Australia5. Such measures are designed to enhance certainty particularly for the forest-based, conservation as well as forest-dependent communities through science-based approaches so as to determine allocation of forests for various uses and their management strategies6. This implies that substantial scientific research, consultation are involved in addition to the negotiation that covers diverse nature of interests. Studies have revealed that a total of 10 RFAs have largely and bilaterally negotiated between the government of Australia and four of its other statements such as New South Wales, Tasmania, Victoria and Western Australia. It has also been reported that the governments of Australia and Tasmania have partnered with the Tasmanian Community Forest Agreement that balances the Tasmanian RTA. It is important to note that protection provided through RFAs is empowered by the legal status through the National and Regional Forest Agreements Act 20027. On the other hand, certain jurisdictions have passed the legislation that creates further protection for diverse areas of forests. This includes the New South Wales that involved the enacting of the Brigalow and Nandewar on the Community Conservation Regions Act 20058. The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides legal protection to forests particularly on matters that involve the national environmental importance, for instance, World Heritage Properties as well as the Natural Heritage Places, ecological communities, Commonwealth marine regions and the wetlands of the international significance. This Act was legalized in July 2000 and was later amended in December 2006. It can be argued that the comprehensive evaluations undertaken which signifies the RFA process provides the view RFAs are perceived as important associations that ensure equivalent level of forest protection relative to that facilitated by the EPBC Act9. Important to note, the forestry activities accomplished within the RFA regions are not approved under the Australian Forest Act10. It is quite clear that coordination of native vegetation programs is highly required in the implementation of law on forest conservation and sustainable management so as to avoid inefficiencies as well as confused messages. Therefore, continued effort could be considered across the entire spectrum of programs focused on the management of native vegetation. This may include commercial forestry, conservation and environmental plantings of the agro-forestry biodiversity11. It can be argued that the Australian Government ensures that its national laws on native vegetation conservation comply with the international obligations on sustainable forest management12. Since Australia through its forestry laws takes the role of sustainable management of land and conservation of native vegetation more seriously, it provides signatory leadership to the international obligations as well as treaties linked to sustainable forest management. The Commonwealth-New South Wales (NSW) Deferred Forest Agreement Although the Commonwealth of Australia in collaboration with the State of New South Wales have taken part to protect forest areas that are required for national forest reserve system, as a way of keeping with commitments agreed upon in the National Forest Policy Statement the negotiation of the Regional Forest Agreements permits the NSW to encourage commercial timber harvesting activities. However, this can only take place within the public native forest zone which is considered available for harvesting as listed in Attachment 1 and amended based on this agreement13. On the other hand, the NSW Interim Assessment process shows that the governments of NSW and the Commonwealth agreed to involve in collaborative assessment of the improved conservation value of Australian forests for interim protection within the New South Wales14. The Interim Assessment process is conducted by an environmental management body known as the Resource and Conservation Assessment Council (RACAC)15. Jurisdictions and Codes of Forest Practice in Australia Different jurisdictions continue to promote Australian codes of forest practice relevant for use by the forest managers and operators involved in the multiple-use of public forest and private forests. For example, public consultation stage as well as the Tasmanian and Victorian codes of forest practice are the more recently developed or regulated statewide codes in Australia. Such codes cover a wide range of issues that include forest planning and access, forest harvesting and conservation of the non-wood values16. The common forest legislations in Australia are Sustainable Forests (Timber) Act 2004, Victorian Plantations Corporation Act 2003, Native Vegetation Management Act 2003 and Native Vegetation Regulation in New South Wales as well as the Vegetation Management Act 1999 in Queensland. It is important to note tat codes of forest practice in Australia vary based on their legal status and coverage. For example, those codes used in New South Wales, Victoria and Tasmania are entirely prescribed within the legislation, and thus cover the public and private native and commercial forests. On the other hand, Australian Capital Territory, Western Australia and Queensland their forest codes are prescribed separately at the agency level. Research indicates that in the Northern Territory of Australia, harvesting of the private forest is basically governed by licenses that are used to prescribe the management practices and requirements expected in the code of forest practice. A Number of public forest-related agencies as well as private establishments have adopted various environmental management systems which often accomplish certain functions that are complementary to Australian Codes of Forest Practice17. In regard to land clearing issue, it is evidently indicated that all the jurisdictions are committed to the main national goals of increasing and improving conditions of Australian native forests. Therefore, the enacted legislations either curtail or strengthen various control put in place to monitor the broad-scale clearing of the native vegetation. The New South Wales and Queensland, for example, enacted their legislations that were applied to limit the increased incidences of clearing forests as well as other native vegetation. The Native Vegetation Act 2003 and Native Vegetation Regulation 2005, in particular within New South Wales requires the landholders to effectively negotiate the property vegetation plans with at least one of the authorities in the regional catchment management department established under the Catchment Authorities Act 200318. Australian Policy Context for Native Vegetation Management The government of Victoria is committed to permanent care of their natural environment with a clear view that such a duty is significant to any government. It has been argued that the quality of life for Victorian people largely depends on the proper management of their environment as well as protection of their precious natural, historical and urban heritage19. In order to fulfill this duty, the Australian State Government policy through the enacted laws incorporates environmental as well as conservation measures into the entire aspects of planning and governmental programs delivery. This helps to develop the principles related to ecologically sustainable development that are used in forest management and decision-making process across the entire government20. It is relevant to point out that the Victorian government is committed to reduction of land clearance and promotion of the re-vegetation programs so as to expand more the coverage of their native bush land. Therefore, Australian forestry law ensures responsible management and expansion of its natural ecosystems which include the protection of the remnant vegetation particularly those found along streamside, Wetlands and roadways21. The implementation of forestry law is significant in the conservation of the native vegetation that is on the private land backed by an enhanced system of the native vegetation conservation controls22. The National Framework for the management as well as monitoring of native vegetation in Australia provides a vehicle through which the Natural Heritage Trust Partnership Agreement (NHTPA) between Commonwealth, State and Territory Governments is implemented. This framework aims at reversing the continued decline of the quality and level of native vegetation in Australia. The Victorian Catchment Management Council (VCMC) is a referral council of the Fiona and Fauna Guarantee Act 1988 that was created under the Catchment and Land Protection Act 1994. The Act plays an integral role of providing the Minister for Environment and Conservation with pieces of advice on issues related to natural resource management23. The underlying question in discussion is whether the environmental regulations created in Australia protects its forests? Based on the previous research findings, it could be argued that the answer to the above question is yes because environmental laws in Australia are enacted and applied through national, state, territory as well as local governments. It is apparent that forest management is one of the largely regulated and scrutinized sectors that are considered accountable to the current community and future generations24. It can be noted that regulations on forest management range from the national law linked to the international treaties and agreements to include the state laws, local government planning, policies and Codes of Practice. Under the Australian constitution, it is quite clear that the state governments are entrusted with day to day management of forest areas as well as commercial forest activities. This state responsibility on forest management is governed through legislations and Codes of Practice that are strict on the sustainable management and conservation of native vegetation25. A legal case for Wielangta Forest in Tasmania In a recent case to determine whether Tasmania’s Forest Practices are truly legal in Tasmania’s Wielangta forest, the court discovered that the regulatory framework used on timber production was actual legal. However, the court established an instance within the specific area of Tasmania’s Wielangta forest where the planned timber harvest that would not meet the requirements of the regulatory framework for Tasmanian timber production. Although the finding covers a small area of the Tasmanian forest, research indicates that it is still under investigation to ensure that absolute clarity is achieved over the original ruling26. In a different case study on community conservation areas in the western NSW region, it can be argued that Forests NSW has extensively involved in timber industry. This is simply because it has worked with other agencies to develop the ideal ways on how to implement the state governments decisions the Regional Assessment of both Brigalow Belt South and Nandewar. The government decision provide permanent conservation of approximately 300, 000 hectares of the forest that stretch from Dubbo to the borders of Queensland including similar hectares within the Community Conservation Area (CCA) which is the new land tenure established as part of the main assessment process27. Conclusion As concluding remarks, it is evident that various jurisdictions continue to promote Australian codes of forest practice relevant for use by the forest managers and operators involved in the multiple-use of public forest and private forests. Therefore, Australian law has struck an adequate balance between commercial forestry and conservation of native vegetation. However, continued efforts are required across the whole spectrum of programs focused on the management of native vegetation such as, commercial forestry, conservation and environmental plantings of the agro-forestry biodiversity. The government of Australia is keen in ensuring that its national laws on native vegetation conservation comply with the international obligations on sustainable forest management. Regulations on forest management in Australia range from the national law linked to the international treaties and agreements to include the state laws, local government planning, policies and Codes of Practice. Enforcement of law has been extensively applied in the management of forests and conservation of native vegetation in Australia. Based on the various jurisdictions applied on forest management, it cannot be doubted that Australian states and territories rely on a wide range of legal measures to monitor compliance as well as to investigate breaches that may hinder sustainable forest management and conservation of native vegetation. However, compliance to sustainable forest management is highly achieved through abiding by the laws, regulations and frameworks linked to timber harvesting particular for multiple-use of the public forests. Works Cited Abbott, I & Burrows, N, ‘Monitoring biodiversity in jarrah forest in south-west Wester Australia: the Forestcheck initiative’, in Conservation of Australia’s Forest Fauna (second edition), Daniel Lunney (editor), Royal Zoological Society of New South Wales, NSW, Australia, (2004), pp 947–958. Auld, G., Gulbrandsen, L. H & McDermott, C. ‘Certification schemes and the impact on forests and forestry’. Annual Review of Environment and Resources, 33(1), (2008). 187–211. Australia Conservation Council. National Framework for the Management and Monitoring of Australia’s Native Vegetation. Commonwealth of Australia.1999. Bartlett, Tony. Regional Forest Agreements – a Policy, Legislative and Planning Framework to achieve Sustainable Forest Management in Australia 16 EPLJ 328. 1999. Cashore, B., Gale, F., Meidinger, E & Newsom, D. (Eds.). Confronting sustainability: Forest certification in developing and transitioning societies. New Haven, CT: Yale School of Forestry and Environmental Studies. 2006. Cashore, B & Stone, M. Can legality verification rescue global forest governance: Assessing the intersection of public and private authority in forest governance in Southeast Asia? Forest Policy and Economics, 18, (2012), 13–22. Clark, M & Kozar, J. Comparing sustainable forest management certification standards: A Meta analysis. Ecology and Society, 16(1), (2011), 3. Calver et al. “Towards resolving conflict between forestry and conservation in Western Australia”. Australian Forestry 61(4), (2000), 258-266. Commonwealth of Australia. National Strategy for Ecologically Sustainable Development. Commonwealth of Australia: Canberra. 1992. Dare, M., Schirmer, J., & Vanclay, F. Does forest certification enhance community engagement in Australian plantation management? Forest Policy and Economics, 13(5), (2011), 328–337. Department of Natural Resources and Environment. Code of Forest Practices for Timber Production, REVISION No. 2.The State of Victoria.1996. Department of Natural Resources and Environment. Victoria’s Salinity Management Framework - Restoring our Catchments. The State of Victoria. 2000. Department of Natural Resources and Environment. Private Forestry Victoria: Focusing on 2002 – 2005. The State of Victoria. 2002. Farrier, D & Stein,P (Eds), The Environmental Law Handbook: Planning and Land Use in NSW (5th Ed.) Chapter s 13 and 14. 2011. Griffin nrm P/L. Native Vegetation National Overview, Report for ANZECC, Environment Australia, Canberra. 1999. Janis. Nationally Agreed Criteria for the Establishment of a Comprehensive and Adequate Reserve System for Forests in Australia. National Forest Policy Implementation Sub-committee. Commonwealth of Australia.1997. Keenan, R., D. et.al. “Restoration of plant diversity beneath tropical tree plantations in northern Australia.” Forest Ecology and Management 99, (1997), 117-132. Kavanagh, R., ‘Monitoring biodiversity in Scandinavia: lessons for Australian forest management’, Gottstein Fellowship Report, Gottstein Trust, Melbourne.2007. Kavanagh, R.P, et.al. ‘Which species should be monitored to indicate ecological sustainability in Australian forest management?’ Conservation of Australia’s Forest Fauna (second edition), D. Lunney (editor), Royal Zoological Society of NSW, Sydney, (2004), pp. 959–987. McDonald, Jan. “Regional Forest (Dis) Agreements: The RFA Process and Sustainable Forest Management” 11 Bond LR 295. 1999. McCusker, M, Barker, M & Schoombee, J. The Regional Forest Agreement for the South-West Forest Region of WA: Legal Opinion, 25 June 1999. National Land and Water Resources Audit. Australian Native Vegetation Assessment 2001. Commonwealth of Australia. 2001. Parkes, D. Newell, G & Cheal, D. ‘Assessing the Quality of Native Vegetation – the Habitat Hectares approach’. Journal of Ecological Management and Restoration (in press). 2001. Sattler, P & R. Williams (eds.). The Conservation Status of Queensland’s Bioregional Ecosystems. Brisbane: Environmental Protection Agency. 1999. Tribe, Jane. “The Law of the Jungles: Regional Forest Agreements” 15 EPLJ 136. 1998. Prest, James. Forest Law by Thomson Reuters: The Environmental Law Handbook, 5th Edition, pp. 533-571, D. Farrier, P. Stein, eds., Reuters. 2011. Victorian Government. Our Forests, Our Future, Balancing Communities, Jobs and the Environment.2002. Read More