2016-2017

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

 

Regional Forest Agreements Legislation (Repeal) Bill 2017

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

Circulated by authority of Senator Rice

Regional Forest Agreements Legislation (Repeal) Bill 2017

 

OUTLINE

 

The Regional Forest Agreements Legislation (Repeal) Bill 2017 repeals the Act (the Regional Forest Agreements Act 2002 ) which enables logging of Australian native forests to continue with exemptions from our country’s environmental protection laws .

 

For the past two decades, our native forests have been managed under the banner of ten Regional Forest Agreements (RFAs), established between the federal government and the states. These agreements cover significant tracts of forest in Victoria, Tasmania, Western Australia, and New South Wales.

 

The intention of the RFAs was to provide long-term forest management to protect these complex ecosystems and ensure the viability of threatened species living in the forests, as well as govern the production of timber from these forests and maintain jobs.

 

They have failed to meet these intended goals, and the environmental and industrial context of the RFAs has substantially changed since they were commenced, in the late 20 ^th century. For that reason, this Bill repeals this forest management framework.

 

The RFAs have also had exemptions from The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) . This Bill would see the application of the EPBC Act to forestry operations, ensuring the same level of environmental approvals and protections as are applied to any other extractive industry.

 

 

NOTES ON CLAUSES

Clause 1: Short Title

Clause 1 is a formal provision specifying the short title of the Bill.

Clause 2: Commencement

The Bill's provisions are to commence on the day after it receives the Royal Assent

Clause 3 - Schedules

Each Act specified in a Schedule to this Act is amended or repealed as is set out in the applicable items in the Schedule.  Any other item in a Schedule to this Act has effect according to its terms.

 

Schedule 1 — Repeal of the Regional Forest Agreements Act 2002

 

Regional Forest Agreements Act 2002

Item 1

Repeals the Regional Forest Agreements Act 2002.

Item 2

Subitem 2(2) (1)

This subitem provides for the continued application of certain provisions of the Regional Forest Agreements Act 2002 to existing forestry operations covered by particular regional forest agreements. This would maintain existing Environmental Protection and Biodiversity Conservation Act 1999 exemptions for forestry operations covered those agreements, rules for the termination of those agreements by the Commonwealth and compensation provisions in relation to those agreements..

 

Subitem 2(2)

This subitem provides for when the saved provisions of the Regional Forest Agreements Act 2002 ceases to apply in relation to a particular regional forest agreement. This will be on the last day of the initial period of that agreement or the day on which the agreement is terminated (whichever is the earliest).

 

Item 3

Subitem 3(1)

This subitem clarifies that on the repeal of the RFA Act 2002, export control laws will apply to regional forest agreement wood, whether or not that wood is expressly referred to in legislation as Regional Forest Agreement wood after the repeal of the RFA Act 2002 (subject to item 2).

It also clarifies that, on the repeal of the RFA Act 2002 (subject to item 2), Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 (relating to the requirement for approval of activities under the Act) will apply to all forestry operations whether or not those operations were undertaken in accordance with a Regional Forest Agreement or not.

Finally, this subitem makes clear that section 8 of the Regional Forest Agreements Act 2002 , regarding the liability of the Commonwealth to pay compensation in relation to regional forest agreements, ceases to apply (subject to item 2).

 

Subitem 3(2)

Clarifies that old Act means the Regional Forest Agreements Act 2002

 

Schedule 2 — Consequential Amendments

 

Environment Protection and Biodiversity Conservation Act 1999

Item 1

This item omits reference to Regional Forest Agreements in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

Item 2

This item repeals the Division of the Environment Protection and Biodiversity Conservation Act 1999 which limits the application of Part 3 of the Act in regards to forestry operations in areas covered by Regional Forest Agreements.

Item 3

This item repeals the Subsection of the EPBC Act which exempts any RFA forestry operation from ministerial consideration of adverse impacts of an action.

Item 4

Item 4 of Schedule 2 provides that the amendments of the Environment Protection and Biodiversity Conservation Act 1999 by this Schedule do not apply to forestry operations covered by a regional forest agreement if the saved provisions of the Regional Forest Agreements Act 2002, continue to apply in relation to those agreements. This item ceases when those saved provisions no longer apply in relation to those agreements.

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Regional Forest Agreements Legislation (Repeal) Bill 2017

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

Overview of the Bill

The Regional Forest Agreements Legislation (Repeal) Bill 2017 repeals the Act (the Regional Forest Agreements Act 2002 ) which enables logging of Australian native forests to continue with exemptions from our country’s environmental protection laws .

 

The intention of the RFAs was to provide long-term forest management to protect these complex ecosystems and ensure the viability of threatened species living in the forests, as well as govern the production of timber from these forests and maintain jobs.

 

They have failed to meet these intended goals, and the environmental and industrial context of the RFAs has substantially changed since they were commenced, in the late 20 ^th century. For that reason, this Bill repeals this forest management framework.

 

The RFAs have also had exemptions from The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) . This Bill would see the application of the EPBC Act to forestry operations, ensuring the same level of environmental approvals and protections as are applied to any other extractive industry.

 

Human rights implications

This Bill does not engage any of the applicable rights or freedoms.

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.

 

Senator Janet Rice