|
Additional comments
Introduction
The Australian
Democrats support the majority findings of the report. Nevertheless, we are of
the opinion that comments in respect of Tasmania's forest practices and
operations, do not go far enough and make the following comments in addition to
those contained within the majority report.
1. The regulatory framework and the EPBC Act
The Australian
Democrats are of the opinion that evidence provided to the Committee suggests a severe lack of assessment against
proper environmental standards. The Democrats believe much of the controversy
surrounding Tasmanian forestry activities may have been avoided, and may be
avoided in the future, should robust and publicly transparent environmental
standards have been both set and met by foresters. As the the Regional Forest
Agreements are relatively short term agreements, the Democrats are of the
opinion that it would be of benefit to both industry stakeholders and other
landholders to be governed by a transparent set of legally enforceable and
stable environmental guidelines.
To illustrate
problems other states have found with Regional Forest Agreements, we bring
attention to the actions of the Victorian State Government in 2003, where the
state decided that logging in the Wombat State Forest, regulated under the RFA
process, was not sustainable. At the time the Democrats took this as government
recognition that the RFA process is not an effective method of
achieving a sustainable yield of timber. The Democrats believe there must be reviews
to determine whether the RFA process is acceptable as far as
environmental standards and sustainability.
The Democrats
continue to be of the opinion that the Federal Government cannot lay aside
issues surrounding forestry issues, in the hope that these issues would be
dealt with through the RFA process. It would give some reassurance to
the community, if forestry activities are effectively governed by environmental
and other relevant laws, in particular those relating to matters of
transparency, review and accountability.
Despite
participating in many discussions on this matter, the Democrats retain the view
that forestry operations in Tasmania should not be exempt from the provisions
of Federal or state environmental laws. The Democrats believe significant
penalties must be swiftly enforced for any breaches of the Forest Practices
Code, or of other environmental laws in any relevant jurisdiction.
Recommendation 1
As a result, the Democrats recommend that Tasmanian forestry, and
forestry activities in all other states, should be assessed under the Federal
regulatory framework and must not be exempt from the provisions of the Environment Protection and Biodiversity
Conservation Act 1999.
This would ensure
forestry activities are assessed to the same environmental standards as
required of other large-scale users of resources that have the potential to
impact on matters of national environmental significance, including threatened
species and communities, migratory species, World Heritage areas, National
Heritage places and wetlands of international importance. This approach would
also give appropriate weight to environmental matters of importance in state
land management including regional catchment management plans, listed
threatened species and communities, and other matters of importance to local
communities.
2. Requirements for further inquiry and
review with relation to Tasmania
The Democrats are
concerned that Recommendation 13 in Chapter 8 relating particularly to
Tasmanian forests stops short of requesting a judicial inquiry into Tasmanian
forest operations. While the Recommendation calls for immediate cooperation of
both the state and Commonwealth governments, and for "an immediate and
independent review with more compelling and drastic powers" should such
cooperation not be forthcoming, Committee
member Democrat Senator Aden Ridgeway believes that the time for cooperation on
this issue has passed, and that a judicial review with full powers of subpoena
is necessary. The Democrats believe that an inquiry should have the power to
issue warrants for the presentation and or seizure of relevant documents in
order to facilitate its review.
In light of the
deeply entrenched culture of secrecy perceived by the general community
surrounding both industry and government involved in forestry issues in
Tasmania, and of the fact that international attention has been brought to the
issue, there is a significant and immediate need for greater accountability.
There must be improved ways in which members of the community can seek review
of decisions and there must be greater transparency in decision-making and
operations. The Democrats believe only judicial review can fulfil these needs,
and recommend that such a course of action is the appropriate way to move this
contentious issue forward.
Senator Ridgeway
Australian Democrats
|
